[Senate Report 112-18]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 54 
112th Congress  }                                             {  Report 
  1st Session   }           SENATE                            {  112-18 

======================================================================= 
 
     IMPLEMENTATION OF NATIONAL CONSENSUS APPLIANCE AGREEMENTS ACT 

                                _______
                                

                  May 18, 2011.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 398]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 398) to amend the Energy Policy and 
Conservation Act to improve the energy-efficiency of certain 
appliances and equipment, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.
    The amendments are as follows:

    1. On page 70, between lines 20 and 21, insert the 
following:

SEC. 16. STANDARDS FOR CERTAIN REFLECTOR LAMPS.

    Section 325(i) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(i)) is amended by adding at the end the 
following:
          ``(9) Reflector lamps.--In conducting rulemakings for 
        reflector lamps after January 1, 2014, the Secretary 
        shall consider--
                  ``(A) incandescent and nonincandescent 
                technologies; and
                  ``(B) a new energy-related measure, other 
                than lumens per watt, that is based on the 
                photometric distribution of those lamps.''.

    2. On page 70, line 21, strike ``16'' and insert ``17''.
    3. On page 71, line 16, strike ``17'' and insert ``18''.
    4. On page 74, line 1, strike ``18'' and insert ``19''.
    5. On page 79, line 1, strike ``19'' and insert ``20''.
    6. On page 79, line 11, strike ``combustion'' and insert 
``thermal''.
    7. On page 80, line 1, strike ``20'' and insert ``21''.
    8. On page 81, line 12, strike ``21'' and insert ``22''.
    9. On page 85, line 6, strike ``22'' and insert ``23''.
    10. On page 85, line 18, strike ``23'' and insert ``24''.
    11. On page 86, line 12, strike ``24'' and insert ``25''.

                         Purpose of the Measure

    The purpose of S. 398 is to promote energy efficiency by 
amending Subchapter III, Part A, of the Energy Policy and 
Conservation Act (EPCA) (42 U.S.C. 6291 et seq.) regarding the 
Energy Conservation Program for Consumer Products Other than 
Automobiles. The bill would establish and revise energy 
efficiency standards for several classes of consumer products, 
and it would make operational changes to the program including 
expansion of the petition processes for updating energy 
efficiency standards and test procedures, revision of program 
definitions and test methods, and direct the Secretary of 
Energy to conduct several studies.

                          Background and Need

    Residential appliances and other consumer products account 
for about two-thirds of the nation's electricity consumption. 
Efforts to reduce energy use for these products can be 
challenging because many buyers do not consider the cost of 
energy when purchasing a product, even though the lifetime cost 
of the energy used may be several times greater than a 
product's purchase price.
    Congress first authorized energy efficiency standards for 
consumer appliances in 1975, following the oil embargo of 1973-
1974, in an effort to reduce our dependence on foreign oil and 
our vulnerability to future import interruptions. Initially, 
the Energy Policy and Conservation Act of 1975 (EPCA) (Public 
Law 94-163) authorized the Federal Energy Administrator to 
establish test procedures for measuring the energy efficiency 
of a limited number of consumer products, and to require 
manufacturers label the products with their efficiency ratings. 
EPCA also required the Administrator to set voluntary 
efficiency improvement targets, and to impose mandatory 
efficiency standards only if the voluntary targets proved 
unsuccessful.
    In 1978, however, Congress expanded and strengthened the 
appliance efficiency program by requiring the Secretary of 
Energy to prescribe mandatory energy efficiency standards for 
certain consumer products and authorizing him to prescribe 
standards for others. The Secretary declined to adopt mandatory 
standards in 1983, and the United States Court of Appeals for 
the District of Columbia Circuit held the Secretary's ``no-
standard standards'' unlawful and not supported by substantial 
evidence. Natural Resources Defense Council v. Herrington, 768 
Fed 1355 (D.C. Cir. 1985).
    Meanwhile, manufacturers and efficiency advocates 
recognized that direct Congressional enactment of standards 
that were negotiated among stakeholders could be implemented 
more quickly and would provide greater regulatory certainty and 
stability than standards set through U.S. Department of Energy 
(DOE) rulemaking. In 1987, Congress first enacted legislation, 
the National Appliance Energy Conservation Act of 1987 (Public 
Law 100-12) based on agreements negotiated among appliance 
manufacturers, energy efficiency advocates, and consumer 
groups. Legislation based on subsequent stakeholder agreements 
was enacted in: the National Appliance Energy Conservation 
Amendments of 1988 (Public Law 100-357); the Energy Policy Act 
of 1992 (Public Law 102-486); the Energy Policy Act of 2005 
(Public Law 109-58); and the Energy Independence and Security 
Act of 2007 (Public Law 110-140).
    S. 398 is needed to codify additional agreements reached 
between industry, energy efficiency advocates, and consumer 
groups that increase certain existing standards, establish new 
standards for certain products, or make operational changes to 
the program to facilitate consideration of petitions for 
changes to test methods and standards. Enactment of S. 398 is 
expected to save the nation nearly 850 trillion BTUs by 2030, 
yield net economic savings to consumers of more than $43 
billion by 2030, and reduce annual carbon dioxide emissions by 
47 million metric tons by 2030.

                          Legislative History

    S. 398 is based on several appliance standards bills that 
were considered in the 111th Congress. The first of these bills 
is S. 598, which was introduced March 16, 2009, and a hearing 
was held on March 19, 2009 (S. Hrg. 111-24). The amended text 
of S. 598 was included in Title II of S. 1462, the American 
Clean Energy Leadership Act of 2009, as reported from the 
Committee on Energy and Natural Resources on July 16, 2009 (S. 
Rpt. 111-48). S. 398 is also based on bills S. 1696, S. 2908, 
S. 3054 and S. 3059, on which a hearing was held March 10, 2010 
(S. Hrg. 111-402). The provisions of all these bills were 
consolidated, revised, and introduced as S. 3925 on September 
29, 2010, but consideration of this bill ended with the 
adjournment of the 111th Congress.
    S. 398 is closely based on S. 3925, and was introduced in 
the 112th Congress on February 17, 2011, by Senator Bingaman, 
for himself and Senator Murkowski. The Committee held a hearing 
on March 10, 2011, and ordered the legislation favorably 
reported, with amendments, at a business meeting on April 12, 
2011.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on April 12, considered S. 398 and by a 
majority vote of a quorum present, recommends that the Senate 
pass the bill, if amended as described herein.
    The roll call vote on reporting the measure was 18 yeas and 
4 nays as follows:
        Yeas                          Nays
Mr. Bingaman                        Mr. Barrasso
Mr. Wyden                           Mr. Risch
Mr. Johnson                         Mr. Lee
Ms. Landrieu                        Mr. Paul
Ms. Cantwell
Mr. Sanders*
Ms. Stabenow
Mr. Udall*
Ms. Shaheen*
Mr. Franken*
Mr. Manchin
Mr. Coons
Ms. Murkowski
Mr. Burr*
Mr. Coats
Mr. Portman*
Mr. Hoeven
Mr. Corker*
    *Indicates voted by proxy

                          Committee Amendments

    The Committee adopted 11 amendments to S. 398. The first 
adds a new section 16 to the bill. Section 16 establishes two 
new factors that the Secretary shall consider in conducting 
rulemakings for reflector lamps after January 1, 2014. Nine of 
the remaining ten amendments (2-5 and 7-11), renumber the 
remaining sections of the bill to reflect addition of the new 
section 16. The remaining amendment (number 6) changes the word 
``combustion'' to ``thermal'' to clarify the efficiency 
standard for commercial gas furnaces.

                      Section-by-Section Analysis


Section 1. Short title; table of contents

Section 2. Energy conservation standards

    Section 2 clarifies that `energy conservation standard' 
means one or more performance or design requirements such as 
energy and water efficiency. Section 2 also adds definitions, 
effective dates, and standards for: central air conditioners 
and heat pumps, through-the-wall central air conditioners; 
through-the-wall central air conditioning heat pumps; small-
duct, high-velocity systems; and non-weatherized furnaces, as 
agreed to between manufacturers and efficiency advocacy groups. 
Finally, this section provides that building codes may allow 
appliance standards to exceed the Federal standard in certain 
cases.

Section 3. Energy conservation standards for heat pump pool heaters

    Section 3 adds definitions, standards and effective dates 
for heat pump pool heaters, as agreed to between manufacturers 
and efficiency and consumer advocacy groups.

Section 4. GU-I 24 base lamps

    Section 4 adds definitions, standards and effective dates 
for the next-generation, GU-24 lamps, lamp sockets, and 
adaptors, as agreed to between manufacturers and efficiency and 
consumer advocacy groups.

Section 5. Efficiency standards for bottle-type water dispensers, 
        commercial hot food holding cabinets, and portable electric 
        spas

    Section 5 adds definitions, exclusions, test procedures, 
standards and effective dates for bottle-type water dispensers, 
commercial hot food holding cabinets, and portable electric 
spas, as agreed to between manufacturers and efficiency and 
consumer advocacy groups.

Section 6. Test procedure petition process

    Section 5(a) provides that any person may petition DOE to 
prescribe or amend test procedures for consumer products and 
establishes deadlines for DOE to respond to such petitions. 
Section 5(b) clarifies that DOE shall periodically review test 
procedures for certain industrial equipment, and provides that 
any person may petition DOE to prescribe or amend test 
procedures for such equipment and establishes deadlines for DOE 
to respond to such petitions. Section 5 also provides that DOE 
may use the Direct Final Rule procedure currently available to 
prescribe consensus standards, to prescribe consensus test 
procedures.

Section 7. Amendments to home appliance test methods

    Section 7 sets deadlines for DOE rulemakings regarding 
refrigerator and freezer, clothes washer, and clothes dryer 
test methods.

Section 8. Credit for Energy Star smart appliances

    Section 8 directs federal officials to determine whether to 
update Energy Star criteria for certain products to incorporate 
smart grid and demand response features.

Section 9. Video game console energy efficiency study

    Section 9 directs DOE to conduct a study of video game 
console energy use and opportunities for energy savings, and 
upon completion of the study to determine whether to establish 
an efficiency standard. If standards are not established, then 
DOE shall conduct a follow-up study.

Section 10. Refrigerator and freezer standards

    Section 10 updates definitions, exceptions, standards and 
effective dates for new standards for refrigerators and 
freezers, as agreed to between manufacturers and efficiency and 
consumer advocacy groups.

Section 11. Room air conditioner standards

    Section 11 establishes new standards and effective dates 
for room air-conditioners, as agreed to between manufacturers 
and efficiency and consumer advocacy groups.

Section 12. Uniform efficiency descriptor for covered water heaters

    Section 12 directs DOE to publish a final rule that 
establishes a uniform efficiency descriptor and test methods 
for covered water heaters. The section also sets forth other 
provisions necessary to transition from the current regulations 
which have different descriptors for two size-classes of water 
heaters, to having a single descriptor for all covered water 
heaters.

Section 13. Clothes dryers

    Section 13 establishes new standards and effective dates 
for clothes dryers, as agreed to between manufacturers and 
efficiency and consumer advocacy groups.

Section 14. Standards for clothes washers

    Section 14 establishes new standards and effective dates 
for clothes washers, as agreed to between manufacturers and 
efficiency and consumer advocacy groups.

Section 15. Dishwashers

    Section 15 establishes new standards and effective dates 
for dishwashers, as agreed to between manufacturers and 
efficiency and consumer advocacy groups.

Section 16. Standards for certain reflector lamps

    Section 16 establishes two new factors that the Secretary 
shall consider in conducting rulemakings for reflector lamps 
after January 1, 2014.

Section 17. Petition for amended standards

    Section 17 requires DOE to publish an explanation of DOE's 
decision to grant or deny a petition for a new or amended 
standard (filed under current law) within 180 days, and to 
publish the new rule within 3 years in those cases where the 
petition is granted.

Section 18. Prohibited acts

    Section 18 updates certain enforcement provisions to 
clarify that the prohibitions under current law apply to 
distributors, retailers, and private labelers as well as 
manufacturers, and clarifies that prohibitions must be 
``knowingly'' violated in the case of regional standards.

Section 19. Outdoor lighting

    Section 19 establishes definitions, test methods, 
standards, and effective dates for certain types of outdoor 
lighting, as agreed to between manufacturers and efficiency and 
consumer advocacy groups.

Section 20. Standards for commercial furnaces

    Section 20 establishes a new standard and effective date 
for commercial furnaces, as agreed to between manufacturers and 
efficiency and consumer advocacy groups.

Section 21. Service over-the-counter, self-contained, medium 
        temperature commercial refrigerators

    Section 21 establishes new definitions and a standard and 
effective date for certain service-over-the-counter 
refrigerators, as agreed to between manufacturers and 
efficiency and consumer advocacy groups.

Section 22. Motor market assessment and commercial awareness program

    Section 22 directs DOE to assess the U.S. electric motor 
market and develop recommendations on ways to improve the 
efficiency of motor systems. It also requires DOE to 
periodically update this information; estimate the savings 
attributable to the Save Energy Now Program; make 
recommendations to the Census Bureau on surveys to support 
DOE's motor activities; and prepare an update to the Motor 
Master+ program of DOE. Finally, based on the assessment and 
recommendations, the section would direct DOE to establish a 
program to: increase awareness of the savings opportunities of 
using higher efficiency motors, improve motor system 
procurement practices, and establish criteria for making 
decisions regarding electric motor systems.

Section 23. Study of compliance with energy standards for appliances

    Section 23 directs DOE to conduct, and submit to Congress 
with any recommendations, a study on the degree of compliance 
with energy standards for appliances including an investigation 
of compliance rates and options for improving compliance.

Section 24. Study of direct current electricity supply in certain 
        buildings

    Section 24 directs DOE to conduct, and submit to Congress 
with any recommendations, a study of the costs and benefits of 
requiring high-quality, direct current electricity supply in 
certain buildings and to determine, if this requirement is 
imposed, what the policy and role of the Federal Government 
should be.

Section 25. Technical corrections

    Section 25 makes technical corrections to the Energy 
Independence and Security Act of 2007 (EISA), the Energy Policy 
Act of 2005, and the Energy Policy and Conservation Act 
regarding the appliance efficiency standards prop-am, Title III 
of EPCA.

                    Cost and Budgetary Consideration

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 398--Implementation of National Consensus Appliance Agreements Act 
        of 2011

    S. 398 would establish and revise a variety of energy-
efficiency standards for certain types of consumer products. 
The bill also would make changes to the Department of Energy's 
(DOE's) regulatory authority and processes related to such 
standards.
    Based on information from DOE, CBO estimates that 
implementing S. 398 would have no significant net impact on the 
federal budget. According to DOE, the agency is already 
pursuing rulemakings related to testing and energy-efficiency 
standards of certain products for which S. 398 would specify 
standards. By streamlining regulatory procedures for such 
products, S. 398 could reduce the need for future 
appropriations to continue rulemaking processes related to 
them. On the other hand, under S. 398, certain new classes of 
consumer products would become subject to DOE regulation, 
adding to the agency's anticipated workload. Based on 
information from DOE, CBO estimates that any net change in the 
agency's costs to regulate products affected by S. 398, which 
are subject to appropriation, would be insignificant in any 
year. Enacting S. 398 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    S. 398 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would 
preempt state and local laws governing energy-efficiency 
standards, including those for water dispensers, commercial 
cabinets for holding hot food, portable electric spas, video 
game consoles, and certain types of lamps. While those 
preemptions would limit the application of state and local law, 
CBO estimates that they would impose no duty on state, local, 
or tribal governments that would result in additional spending.
    By establishing new energy-efficiency standards for 
appliances and other products, the bill also would impose 
private-sector mandates, as defined UMRA, on manufacturers of 
those products. In addition, the bill would revise existing 
standards for certain other products. DOE is currently pursuing 
rulemakings related to those standards. To the extent the 
revised standards in the bill would impose more stringent 
standards than the standards to be issued by DOE or would 
accelerate the effective date of those standards, the bill 
would impose a mandate on manufacturers of those products. 
Based on information from DOE and industry sources, CBO 
estimates that the cost to comply with some of the new 
standards would not be substantial. However, because of limited 
information about compliance costs and uncertainty about the 
rules to be issued by DOE, CBO cannot estimate the costs of 
several of the remaining mandates. Consequently, we cannot 
determine whether the aggregate costs of the private-sector 
mandates in the bill would exceed the annual threshold 
established in UMRA ($142 million in 2011, adjusted annually 
for inflation).
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs), Ryan Miller (for the impact on state and 
local governments), and Amy Petz (for the private-sector 
impact). This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out the legislation.
    The bill establishes energy efficiency standards on 
manufacturers for certain classes of heating and cooling 
equipment, washing equipment, lighting, and other consumer 
appliances. There will be economic costs associated with 
certain of these requirements, though these costs will be 
offset by reduced energy consumption and by the reduction in 
rulemaking costs by the U.S. Department of Energy.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.

                   Congressionally Directed Spending

    The bill, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in Rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the U.S. Department of Energy at 
the March 10, 2010, hearing on S. 398 follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 398, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

Energy Policy and Conservation Act

           *       *       *       *       *       *       *


TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *


 PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
                              AUTOMOBILES


                              DEFINITIONS

    Sec. 321. For purposes of this part:
          (1) The term ``consumer product'' means any article 
        (other than an automobile, as defined in section 
        32901(a)(3) of title 49, United States Code) of a 
        type--

           *       *       *       *       *       *       *

          [(6) The term ``energy conservation standard'' 
        means--
                  [(A) a performance standard which prescribes 
                a minimum level of energy efficiency or a 
                maximum quantity of energy use, or, in the case 
                of showerheads, faucets, water closets, and 
                urinals, water use, for a covered product, 
                determined in accordance with test procedures 
                prescribed under section 323; or
                  [(B) a design requirement for the products 
                specified in paragraphs (6), (7), (8), (10), 
                (15), (16), (17), and (19) of section 322(a); 
                and includes any other requirements which the 
                Secretary may prescribe under section 
                325(r).\11\ Section 123(b)(3)(B)(ii) of P.L. 
                102-486 stated that section 321(6)(B) should be 
                amended by striking out ``325(o)'' and 
                inserting in lieu thereof ``325(r)'']
          (6) Energy conservation standard.--
                  (A) In general.--The term `energy 
                conservation standard' means 1 or more 
                performance standards that--
                          (i) for covered products (excluding 
                        clothes washers, dishwashers, 
                        showerheads, faucets, water closets, 
                        and urinals), prescribe a minimum level 
                        of energy efficiency or a maximum 
                        quantity of energy use, determined in 
                        accordance with test procedures 
                        prescribed under section 323;
                          (ii) for showerheads, faucets, 
                        waterclosets, and urinals, prescribe a 
                        minimum level of water efficiency or a 
                        maximum quantity of water use, 
                        determined in accordance with test 
                        procedures prescribed under section 
                        323; and
                          (iii) for clothes washers and 
                        dishwashers--
                                  (I) prescribe a minimum level 
                                of energy efficiency or a 
                                maximum quantity of energy use, 
                                determined in accordance with 
                                test procedures prescribed 
                                under section 323; and
                                  (II) include a minimum level 
                                of water efficiency or a 
                                maximum quantity of water use, 
                                determined in accordance with 
                                those test procedures.
                  (B) Inclusions.--The term `energy 
                conservation standard' includes--
                          (i) 1 or more design requirements, if 
                        the requirements were established--
                                  (I) on or before the date of 
                                enactment of this subclause;
                                  (II) as part of a direct 
                                final rule under section 
                                325(p)(4); or
                                  (III) as part of a final rule 
                                published on or after January 
                                1, 2012; and
                          (ii) any other requirements that the 
                        Secretary may prescribe under section 
                        325(r).
                  (C) Exclusion.--The term `energy conservation 
                standard' does not include a performance 
                standard for a component of a finished covered 
                product, unless regulation of the component is 
                specifically authorized or established pursuant 
                to this title.'; and

           *       *       *       *       *       *       *

          (22) The term ``efficiency descriptor'' means the 
        ratio of the useful output to the total energy input, 
        determined using the test procedures prescribed under 
        section 323 and expressed for the following products in 
        the following terms:
                  (A) For furnaces and direct heating 
                equipment, annual fuel utilization efficiency.
                  (B) For room air conditioners, energy 
                efficiency ratio.
                  (C) For central air conditioning and central 
                air conditioning heat pumps, seasonal energy 
                efficiency ratio.
                  (D) For water heaters, energy factor.
                  (E) For gas-fired pool heaters, thermal 
                efficiency
                  (F) For heat pump pool heaters, coefficient 
                of performance of heat pump pool heaters.

           *       *       *       *       *       *       *

          (25) The term ``pool heater'' means an appliance 
        designed for heating nonpotable water contained at 
        atmospheric pressure, including heating water in 
        swimming pools, spas, hot tubs and similar 
        applications.
          (25A) Coefficient of performance of heat pump pool 
        heaters.--The term `coefficient of performance of heat 
        pump pool heaters' means the ratio of the capacity to 
        power input value obtained at the following rating 
        conditions: 50.0 +F db/44.2 +F wb outdoor air and 80.0 
        +F entering water temperatures, according to AHRI 
        Standard 1160.
          (26) The term ``thermal efficiency of gas-fired pool 
        heaters'' means a measure of the heat in the water 
        delivered at the heater outlet divided by the heat 
        input of the pool heater as measured under test 
        conditions specified in section 2.8.1 of the American 
        National Standard for Gas Fired Pool Heaters, Z21.56--
        1986, or as may be prescribed by the Secretary.

           *       *       *       *       *       *       *

          (30)(A) Except as provided in subparagraph (E), the 
        term ``fluorescent lamp'' means a low pressure mercury 
        electric-discharge source in which a fluorescing 
        coating transforms some of the ultraviolet energy 
        generated by the mercury discharge into light, 
        including only the following:
                  (i) Any straight-shaped lamp (commonly 
                referred to as 4-foot medium bi-pin lamps) with 
                medium bi-pin bases of nominal overall length 
                of 48 inches and rated wattage of 28 or more.
                  (ii) Any U-shaped lamp (commonly referred to 
                as 2-foot U-shaped lamps) with medium bi-pin 
                bases of nominal overall length between 22 and 
                25 inches and rated wattage of 28 or more.
                  (iii) Any rapid start lamp (commonly referred 
                to as 8-foot high output lamps) with recessed 
                double contact bases of nominal overall length 
                of 96 inches and 0.800 nominal amperes, as 
                defined in ANSI C78.1--1978 and related 
                supplements.
                  (iv) Any instant start lamp (commonly 
                referred to as 8-foot slimline lamps) with 
                single pin bases of nominal overall length of 
                96 inches and rated wattage of 52 or more, as 
                defined in ANSI C78.3--1978 (R1984) and related 
                supplement ANSI C78.3a--1985.
          (B) The term ``general service fluorescent lamp'' 
        means fluorescent lamps which can be used to satisfy 
        the majority of fluorescent applications, but does not 
        include any lamp designed and marketed for the 
        following nongeneral lighting applications:
                  (i) Fluorescent lamps designed to promote 
                plant growth.
                  (ii) Fluorescent lamps specifically designed 
                for cold temperature installations.
                  (iii) Colored fluorescent lamps.
                  (iv) Impact-resistant fluorescent lamps.
                  (v) Reflectorized or aperture lamps.
                  (vi) Fluorescent lamps designed for use in 
                reprographic equipment.
                  (vii) Lamps primarily designed to produce 
                radiation in the ultra-violet region of the 
                spectrum.
                  (viii) Lamps with a color rendering index of 
                87 or greater.
          (C) Except as provided in subparagraph (E), the term 
        ``incandescent lamp'' means a lamp in which light is 
        produced by a filament heated to incandescence by an 
        electric current, including only the following:
                  (i) Any lamp (commonly referred to as lower 
                wattage nonreflector general service lamps, 
                including any tungsten-halogen lamp) that has a 
                rated wattage between 30 and 199 watts, has an 
                E26 medium screw base, has a rated voltage or 
                voltage range that lies at least partially 
                within 115 and 130 volts, and is not a 
                reflector lamp.
                  (ii) Any lamp (commonly referred to as a 
                reflector lamp) which is not colored or 
                designed for rough or vibration service 
                applications, that contains an inner reflective 
                coating on the outer bulb to direct the light, 
                an R, PAR, ER, BR, BPAR, or similar bulb shapes 
                with E26 medium screw bases, a rated voltage or 
                voltage range that lies at least partially 
                within 115 and 130 volts, a diameter which 
                exceeds 2.25 inches, and has a rated wattage 
                that is 40 watts or higher.
                  (iii) Any general service incandescent lamp 
                (commonly referred to as a high- or higher-
                wattage lamp) that has a rated wattage above 
                199 watts (above 205 watts for a high wattage 
                reflector lamp).
          (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 310 lumens and not more than 2,600 
                        lumens or, in the case of a modified 
                        spectrum lamp, not less than 232 lumens 
                        and not more than 1,950 lumens; and
                          (IV) is capable of being operated at 
                        a voltage range at least partially 
                        within 110 and 130 volts.

           *       *       *       *       *       *       *

          (T) Appliance lamp.--The term ``appliance lamp'' 
        means any lamp that--
                  (i) is specifically designed to operate in a 
                household appliance[,] and has a maximum 
                wattage of 40 watts, [and is sold at retail,] 
                including an oven lamp, refrigerator lamp, and 
                vacuum cleaner lamp; and
                  (ii) when sold at retail 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.

           *       *       *       *       *       *       *

          (66) Pulse-start metal halide ballast.--
                  (A) In general.--The term ``pulse-start metal 
                halide ballast'' means an electronic or 
                electromagnetic ballast that starts a pulse-
                start metal halide lamp with high voltage 
                pulses.
                  (B) Starting process.--For the purpose of 
                subparagraph (A)--
                          (i) lamps shall be started by first 
                        providing a high voltage pulse for 
                        ionization of the gas to produce a glow 
                        discharge; and
                          (ii) to complete the starting 
                        process, power shall be provided by the 
                        ballast to sustain the discharge 
                        through the glow-to-arc transition.
          (67) EER.--The term `EER' means energy efficiency 
        ratio.
          (68) HSPF.--The term `HSPF' means heating seasonal 
        performance factor.
          (69) GU-24.--The term `GU-24' means the designation 
        of a lamp socket, based on a coding system by the 
        International Electrotechnical Commission, under 
        which--
                  (A) `G' indicates a holder and socket type 
                with 2 or more projecting contacts, such as 
                pins or posts;
                  (B) `U' distinguishes between lamp and holder 
                designs of similar type that are not 
                interchangeable due to electrical or mechanical 
                requirements; and
                  (C) 24 indicates the distance in millimeters 
                between the electrical contact posts.
          (70) GU-24 adaptor.--
                  (A) In general.--The term `GU-24 Adaptor' 
                means a 1-piece device, pig-tail, wiring 
                harness, or other such socket or base 
                attachment that--
                          (i) connects to a GU-24 socket on 1 
                        end and provides a different type of 
                        socket or connection on the other end; 
                        and
                          (ii) does not alter the voltage.
                  (B) Exclusion.--The term `GU-24 Adaptor' does 
                not include a fluorescent ballast with a GU-24 
                base.
          (71) GU-24 base lamp.--`GU-24 base lamp' means a 
        light bulb designed to fit in a GU-24 socket.
          (72) Bottle-type water dispenser.--The term `bottle-
        type water dispenser' means a drinking water dispenser 
        that is--
                  (A) designed for dispensing hot and cold 
                water; and
                  (B) uses a removable bottle or container as 
                the source of potable water.
          (73) Commercial hot food holding cabinet.--
                  (A) In general.--The term `commercial hot 
                food holding cabinet' means a heated, fully 
                enclosed compartment that--
                          (i) is designed to maintain the 
                        temperature of hot food that has been 
                        cooked in a separate appliance;
                          (ii) has 1 or more solid or glass 
                        doors; and
                          (iii) has an interior volume of 8 
                        cubic feet or more.
                  (B) Exclusions.--The term `commercial hot 
                food holding cabinet' does not include--
                          (i) a heated glass merchandising 
                        cabinet;
                          (ii) a drawer warmer;
                          (iii) a cook-and-hold appliance; or
                          (iv) a mobile serving cart with both 
                        hot and cold compartments.
          (74) Compartment bottle-type water dispenser.--The 
        term `compartment bottle-type water dispenser' means a 
        drinking water dispenser that--
                  (A) is designed for dispensing hot and cold 
                water;
                  (B) uses a removable bottle or container as 
                the source of potable water; and
                  (C) includes a refrigerated compartment with 
                or without provisions for making ice.
          (75) Portable electric spa.--
                  (A) In general.--The term `portable electric 
                spa' means a factory-built electric spa or hot 
                tub that--
                          (i) is intended for the immersion of 
                        persons in heated water circulated in a 
                        closed system; and
                          (ii) is not intended to be drained 
                        and filled with each use.
                  (B) Inclusions.--The term `portable electric 
                spa' includes--
                          (i) a filter;
                          (ii) a heater (including an electric, 
                        solar, or gas heater);
                          (iii) a pump;
                          (iv) a control; and
                          (v) other equipment, such as a light, 
                        a blower, and water sanitizing 
                        equipment.
                  (C) Exclusions.--The term `portable electric 
                spa' does not include--
                          (i) a permanently installed spa that, 
                        once installed, cannot be moved; or
                          (ii) a spa that is specifically 
                        designed and exclusively marketed for 
                        medical treatment or physical therapy 
                        purposes.
          (76) Water dispenser.--The term `water dispenser' 
        means a factory-made assembly that--
                  (A) mechanically cools and heats potable 
                water; and
                  (B) dispenses the cooled or heated water by 
                integral or remote means.

           *       *       *       *       *       *       *


                                COVERAGE

    Sec. 322. (a) In General.--The following consumer products, 
excluding those consumer products designed solely for use in 
recreational vehicles and other mobile equipment, are covered 
products:
          (1) Refrigerators, refrigerator-freezers, and 
        freezers which can be operated by alternating current 
        electricity, excluding--
                  (A) any type designed to be used without 
                doors; and
                  (B) any type which does not include a 
                compressor and condenser unit as an integral 
                part of the cabinet assembly.
          (2) Room air conditioners.
          (3) Central air conditioners and central air 
        conditioning heat pumps.
          (4) Water heaters.
          (5) Furnaces.
          (6) Dishwashers.
          (7) Clothes washers.
          (8) Clothes dryers.
          (9) Direct heating equipment.
          (10) Kitchen ranges and ovens.
          (11) Pool heaters.
          (12) Television sets.
          (13) Fluorescent lamp ballasts.
          (14) General service fluorescent lamps, general 
        service incandescent lamps, and incandescent reflector 
        lamps.
          (15) Showerheads, except safety shower showerheads.
          (16) Faucets.
          (17) Water closets.
          (18) Urinals.
          (19) Metal halide lamp fixtures.
          (20) Bottle-type water dispensers and compartment 
        bottle-type water dispensers.
          (21) Commercial hot food holding cabinets.
          (22) Portable electric spas.
          [(20)] (23) Any other type of consumer product which 
        the Secretary classifies as a covered product under 
        subsection (b).

           *       *       *       *       *       *       *


                            TEST PROCEDURES

    Sec. 323. (a) General Rule.--All test procedures and 
related determinations prescribed or made by the Secretary with 
respect to any covered product (or class thereof) which are in 
effect on the date of enactment of the National Appliance 
Energy Conservation Act of 1987 shall remain in effect until 
the Secretary amends such test procedures and related 
determinations under subsection (b).
    (b) Amended and New Procedures.--
          (1) Test procedures.--
                  (A) Amendment.--At least once every 7 years, 
                the Secretary shall review test procedures for 
                all covered products and--
                          (i) [amend] publish in the Federal 
                        Register amended test procedures with 
                        respect to any covered product, if the 
                        Secretary determines that amended test 
                        procedures would more accurately or 
                        fully comply with the requirements of 
                        paragraph (3); or
                          (ii) publish notice in the Federal 
                        Register of any determination not to 
                        amend a test procedure.
                  (B) Petitions.--
                          (i) In general.--In the case of any 
                        covered product, any person may 
                        petition the Secretary to conduct a 
                        rulemaking--
                                  (I) to prescribe a test 
                                procedure for the covered 
                                product; or
                                  (II) to amend the test 
                                procedures applicable to the 
                                covered product to more 
                                accurately or fully comply with 
                                paragraph (3).
                          (ii) Determination.--The Secretary 
                        shall--
                                  (I) not later than 90 days 
                                after the date of receipt of 
                                the petition, publish the 
                                petition in the Federal 
                                Register; and
                                  (II) not later than 180 days 
                                after the date of receipt of 
                                the petition, grant or deny the 
                                petition.
                          (iii) Basis.--The Secretary shall 
                        grant a petition if the Secretary finds 
                        that the petition contains evidence 
                        that, assuming no other evidence was 
                        considered, provides an adequate basis 
                        for determining that an amended test 
                        procedure would more accurately or 
                        fully comply with paragraph (3).
                          (iv) Effect on other requirements.--
                        The granting of a petition by the 
                        Secretary under this subparagraph shall 
                        create no presumption with respect to 
                        the determination of the Secretary that 
                        the proposed test procedure meets the 
                        requirements of paragraph (3).
                          (v) Rulemaking.--
                                  (I) In general.--Except as 
                                provided in subclause (II), not 
                                later than the end of the 18-
                                month period beginning on the 
                                date of granting a petition, 
                                the Secretary shall publish an 
                                amended test procedure or a 
                                determination not to amend the 
                                test procedure.
                                  (II) Extension.--The 
                                Secretary may extend the period 
                                described in subclause (I) for 
                                1 additional year.
                                  (III) Direct final rule.--The 
                                Secretary may adopt a consensus 
                                test procedure in accordance 
                                with the direct final rule 
                                procedure established under 
                                section 325(p)(4).
                  (C) Test procedures.--The Secretary may, in 
                accordance with the requirements of this 
                subsection, prescribe test procedures for any 
                consumer product classified as a covered 
                product under section 322(b).
                  (D) New or amended test procedures.--The 
                Secretary shall direct the National Institute 
                of Standards and Technology to assist in 
                developing new or amended test procedures.

           *       *       *       *       *       *       *

          (18) 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''.
          (19) EER and hspf test procedures.--
                  (A) In general.--Subject to subparagraph (B), 
                for purposes of residential central air 
                conditioner and heat pump standards that take 
                effect on or before January 1, 2015--
                          (i) the EER shall be tested at an 
                        outdoor test temperature of 95 degrees 
                        Fahrenheit; and
                          (ii) the HSPF shall be calculated 
                        based on Region IV conditions.
                  (B) Revisions.--The Secretary may revise the 
                EER outdoor test temperature and the conditions 
                for HSPF calculations as part of any rulemaking 
                to revise the central air conditioner and heat 
                pump test method.
          (20) Bottle-type water dispensers.--
                  (A) In general.--Test procedures for bottle-
                type water dispensers and compartment bottle-
                type water dispensers shall be based on the 
                document ``Energy Star Program Requirements for 
                Bottled Water Coolers version 1.1'' published 
                by the Environmental Protection Agency.
                  (B) Integral, automatic timers.--A unit with 
                an integral, automatic timer shall not be 
                tested under this paragraph using section 4D of 
                the test criteria (relating to Timer Usage).
          (21) Commercial hot food holding cabinets.--
                  (A) In general.--Test procedures for 
                commercial hot food holding cabinets shall be 
                based on the test procedures described in ANSI/
                ASTM F2140-01 (Test for idle energy rate-dry 
                test).
                  (B) Interior volume.--Interior volume shall 
                be based under this paragraph on the method 
                demonstrated in the document ``Energy Star 
                Program Requirements for Commercial Hot Food 
                Holding Cabinets'' of the Environmental 
                Protection Agency, as in effect on August 15, 
                2003.
          (22) Portable electric spas.--
                  (A) In general.--Test procedures for portable 
                electric spas shall be based on the test method 
                for portable electric spas described in section 
                1604 of title 20, California Code of 
                Regulations, as amended on December 3, 2008.
                  (B) Normalized consumption.--Consumption 
                shall be normalized under this paragraph for a 
                water temperature difference of 37 degrees 
                Fahrenheit.
                  (C) ANSI test procedure.--If the American 
                National Standards Institute publishes a test 
                procedure for portable electric spas, the 
                Secretary shall revise the procedure 
                established under this paragraph, as determined 
                appropriate by the Secretary.
          (23) Refrigerator and freezer test procedure.--.
                  (A) In general.--Not later than 90 days after 
                the date on which the Secretary publishes the 
                final standard rule that was proposed on 
                September 27, 2010, the Secretary shall 
                finalize the interim final test procedure rule 
                proposed on December 16, 2010, with such 
                subsequent modifications to the test procedure 
                or standards as the Secretary determines to be 
                appropriate and consistent with this part.
                  (B) Rulemaking.--
                          (i) Initiation.--Not later than 
                        January 1, 2012, the Secretary shall 
                        initiate a rulemaking to amend the test 
                        procedure described in subparagraph (A) 
                        only to incorporate measured automatic 
                        icemaker energy use.
                          (ii) Final rule.--Not later than 
                        December 31, 2012, the Secretary shall 
                        publish a final rule regarding the 
                        matter described in clause (i).
          (24) Additional home appliance test procedures.--
                  (A) Amended test procedure for clothes 
                washers.--Not later than October 1, 2011, the 
                Secretary shall publish a final rule amending 
                the residential clothes washer test procedure.
                  (B) Amended test procedure for clothes 
                dryers.--
                          (i) In general.--Not later than180 
                        days after the date of enactment of 
                        this paragraph, the Secretary shall 
                        publish an amended test procedure for 
                        clothes dryers.
                          (ii) Requirement.--The amendments to 
                        the test procedure shall be limited to 
                        modifications requiring that tested 
                        dryers are run until the cycle 
                        (including cool down) is ended by 
                        automatic termination controls, if 
                        equipped with those controls.
    (c) Restriction on Certain Representations.--(1) No 
manufacturer, distributor, retailer, or private labeler may 
make any representation--

           *       *       *       *       *       *       *

    (f) Additional Consumer and Commercial Products.--(1) Not 
later than 2 years after the date of enactment of this 
subsection, the Secretary shall prescribe testing requirements 
for refrigerated bottled or canned beverage vending machines.
  (2) To the maximum extent practicable, the testing 
requirements prescribed under paragraph (1) shall be based on 
existing test procedures used in industry.

                                LABELING

    Sec. 324. (a) In General.--(1) The Commission shall 
prescribe labeling rules under this section applicable to all 
covered products of each of the types specified in paragraphs 
(1), (2), (4), (6), and (8) through (12) of section 322(a), 
except to the extent that, with respect to any such type (or 
class thereof), the Commission determines under the second 
sentence of subsection (b)(5) that labeling in accordance with 
this section is not technologically or economically feasible.
  (2)(A) The Commission shall prescribe labeling rules under 
this section applicable to all covered products of each of the 
types specified in paragraphs (3), (5), and (7) of section 
322(a), except to the extent that with respect to any such type 
(or class thereof), the Commission determines under the second 
sentence of subsection (b)(5) that labeling in accordance with 
this section is not technologically or economically feasible or 
is not likely to assist consumers in making purchasing 
decisions.

           *       *       *       *       *       *       *

  (3) The Commission may prescribe a labeling rule under this 
section applicable to covered products of a type specified in 
paragraph [(19)] (23) of section 322(a) (or a class thereof) 
if--
          (A) the Commission or the Secretary has made a 
        determination with respect to such type (or class 
        thereof) that labeling in accordance with this section 
        will assist purchasers in making purchasing decisions,
          (B) the Secretary has prescribed test procedures 
        under section 323(b)(1)(B) for such type (or class 
        thereof), and
          (C) the Commission determines with respect to such 
        type (or class thereof) that application of labeling 
        rules under this section to such type (or class 
        thereof) is economically and technologically feasible.
  (4) Any determination under this subsection shall be 
published in the Federal Register.
  (5)(A) For covered products described in subsections (u) 
through (ff) of section 325, after a test procedure has been 
prescribed under section 323, the Secretary or the Commission, 
as appropriate, may prescribe, by rule, under this section 
labeling requirements for the products.
  (B) In the case of products to which TP-1 standards under 
section 325(y) apply, labeling requirements shall be based on 
the ``Standard for the Labeling of Distribution Transformer 
Efficiency'' prescribed by the National Electrical 
Manufacturers Association (NEMA TP-3) as in effect on the date 
of enactment of this paragraph.
  (C) In the case of dehumidifiers covered under section 
325(dd), the Commission shall not require an ``Energy Guide'' 
label.
  (6) Authority To Include Additional Product Categories.--The 
Commission may, by regulation, require labeling or other 
disclosures in accordance with this subsection for any consumer 
product not specified in this subsection or section 322 if the 
Commission determines that labeling for the product is likely 
to assist consumers in making purchasing decisions.
    (b) Rules in Effect; New Rules.--(1)(A) Any labeling rule 
in effect on the date of the enactment of the National 
Appliance Energy Conservation Act of 1987 shall remain in 
effect until amended, by rule, by the Commission.
    (B) After the date of the enactment of the National 
Appliance Energy Conservation Act of 1987 and not later than 30 
days after the date on which a proposed test procedure 
applicable to a covered product of any of the types specified 
in paragraphs (1) through (13), and paragraphs (15) through 
[(19)] (23) of section 322(a) (or class thereof) is prescribed 
under section 323(b), the Commission shall publish a proposed 
labeling rule applicable to such type (or class thereof).
    (2) The Commission shall afford interested persons an 
opportunity to present written or oral data, views, and 
comments with respect to the proposed labeling rules published 
under paragraph (1). The period for such presentations shall 
not be less than 45 days.
    (3) Not earlier than 45 days nor later than 60 days after 
the date on which test procedures are prescribed under section 
323(b) with respect to covered products of any type (or class 
thereof) specified in paragraphs (1) through (12) of section 
322(a), the Commission shall prescribe labeling rules with 
respect to covered products of such type (or class thereof). 
Not earlier than 45 days after the date on which test 
procedures are prescribed under section 323(b) with respect to 
covered products of a type specified in paragraph [(19)] (23) 
of section 322(a), the Commission may prescribe labeling rules 
with respect to covered products of such type (or class 
thereof).

           *       *       *       *       *       *       *

    (5) The Commission may delay the publication of a proposed 
labeling rule, or the prescription of a labeling rule, beyond 
the dates specified in paragraph (1) or (3), if it determines 
that it cannot publish proposed labeling rules or prescribe 
labeling rules which meet the requirements of this section on 
or prior to the date specified in the applicable paragraph and 
publishes such determination in the Federal Register, together 
with the reasons therefor. In any such case, it shall publish 
proposed labeling rules or prescribe labeling rules for covered 
products of such type (or class thereof) as soon as practicable 
unless it determines (A) that labeling in accordance with this 
section is not economically or technically feasible, or (B) in 
the case of a type specified in paragraphs (3), (5), and (7) of 
section 322(a), that labeling in accordance with this section 
is not likely to assist consumers in purchasing decisions. Any 
such determination shall be published in the Federal Register, 
together with the reasons therefor. This paragraph shall not 
apply to the prescription of a labeling rule with respect to 
covered products of a type specified in paragraph [(19)] (23) 
of section 322(a).

           *       *       *       *       *       *       *

    (g) Other Authority of the Commission.--Until such time as 
labeling rules under this section take effect with respect to a 
type or class of covered product, this section shall not affect 
any authority of the Commission under the Federal Trade 
Commission Act to require labeling with respect to energy 
consumption of such type or class of covered product.

                          ENERGY STAR PROGRAM

    Sec. 324A. (a) In General.--There is established within the 
Department of Energy and the Environmental Protection Agency a 
voluntary program to identify and promote energy-efficient 
products and buildings in order to reduce energy consumption, 
improve energy security, and reduce pollution through voluntary 
labeling of, or other forms of communication about, products 
and buildings that meet the highest energy conservation 
standards.

           *       *       *       *       *       *       *

    (d) Deadlines.--The Secretary shall establish new 
qualifying levels--
          (1) not later than January 1, 2006, for clothes 
        washers and dishwashers, effective beginning January 1, 
        2007; and
          (2) not later than January 1, 2008, for clothes 
        washers, effective beginning July 1, 2009.
    (e) Credit for Smart Appliances.--Not later than 180 days 
after the date of enactment of this subsection, after 
soliciting comments pursuant to subsection(c)(5), the 
Administrator of the Environmental Protection Agency, in 
cooperation with the Secretary, shall determine whether to 
update the Energy Star criteria for residential refrigerators, 
refrigerator-freezers, freezers, dishwashers, clothes washers, 
clothes dryers, and room air conditioners to incorporate smart 
grid and demand response features.

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

    (a) Initial Study.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this section, the Secretary shall 
        conduct a study of--
                  (A) video game console energy use; and
                  (B) opportunities for energy savings 
                regarding that energy use.
          (2) Inclusions.--The study under paragraph (1) shall 
        include an assessment of all power-consuming modes and 
        media playback modes of videogame consoles.
    (b) Action on Completion.--On completion of the initial 
study under subsection (a), the Secretary shall determine, by 
regulation, using the criteria and procedures described in 
section 325(n)(2), whether to initiate a process for 
establishing minimum energy efficiency standards for video game 
console energy use.
    (c) Follow-Up Study.--If the Secretary determines under 
subsection (b) that standards should not be established, the 
Secretary shall conduct a follow-up study in accordance with 
subsection (a) by not later than 3 years after the date of the 
determination.

                     ENERGY CONSERVATION STANDARDS

    Sec. 325. (a) Purposes.--The purposes of this section are 
to--
          (1) provide Federal energy conservation standards 
        applicable to covered products; and
          (2) authorize the Secretary to prescribe amended or 
        new energy conservation standards for each type (or 
        class) of covered product.
    (b) Standards for Refrigerators, Refrigerator-Freezers, and 
Freezers.--(1) The following is the maximum energy use allowed 
in kilowatt hours per year for the following products (other 
than those described in paragraph (2)) manufactured on or after 
January 1, 1990:

                       Energy Standards Equations
------------------------------------------------------------------------------------------------------------------------------------------------
Refrigerators and Refrigerator-Freezers with                  16.3AV+316
 manual defrost................................
Refrigerator-Freezers--partial automatic                      21.8AV+429
 defrost.......................................
Refrigerator-Freezers--automatic defrost with:
    Top mounted freezer without ice............               23.5AV+471
    Side mounted freezer without ice...........               27.7AV+488
    Bottom mounted freezer without ice.........               27.7AV+488
    Top mounted freezer with through the door                 26.4AV+535
     ice service...............................
    Side mounted freezer with through the door                30.9AV+547
     ice.......................................
Upright Freezers with:
    Manual defrost.............................               10.9AV+422
    Automatic defrost..........................               16.0AV+623
    Chest Freezers and all other freezers......               14.8AV+223
------------------------------------------------------------------------

    (2) The standards described in paragraph (1) do not apply 
to refrigerators and refrigerator-freezers with total 
refrigerated volume exceeding 39 cubic feet or freezers with 
total refrigerated volume exceeding 30 cubic feet.

           *       *       *       *       *       *       *

  [(4) Refrigerators and freezers manufactured on or after 
january 1, 2014.--
          [(A) In General.--Not later than December 31, 2010, 
        the Secretary shall publish a final rule determining 
        whether to amend the standards in effect for 
        refrigerators, refrigerator-freezers, and freezers 
        manufactured on or after January 1, 2014.
          [(B) Amended Standards.--The final rule shall contain 
        any amended standards.]
  (4) Refrigerators, refrigerator-freezers, and freezers 
manufactured as of january 1, 2014.--
          (A) Definition of built-in product class.--In this 
        paragraph, the term built-in product class' means a 
        refrigerator, freezer, or refrigerator with a freezer 
        unit that--
                  (i) is 7.75 cubic feet or greater in total 
                volume and 24 inches or less in cabinet depth 
                (not including doors, handles, and custom front 
                panels);
                  (ii) is designed to be totally encased by 
                cabinetry or panels attached during 
                installation;
                  (iii) is designed to accept a custom front 
                panel or to be equipped with an integral 
                factory-finished face;
                  (iv) is designed to be securely fastened to 
                adjacent cabinetry, walls, or floors; and
                  (v) has 2 or more sides that are not--
                          (I) fully finished; and
                          (II) intended to be visible after 
                        installation.
          (B) Maximum energy use.--
                  (i) In general.--Based on the test procedure 
                in effect on July 9, 2010, the maximum energy 
                use allowed in kilowatt hours per year for each 
                product described in the table contained in 
                clause (ii) (other than refrigerators and 
                refrigerator-freezers with total refrigerated 
                volume exceeding 39 cubic feet and freezers 
                with total refrigerated volume exceeding 30 
                cubic feet) that is manufactured on or after 
                January 1, 2014, is specified in the table 
                contained in that clause.
                          (ii) Standards equations.--The 
                        allowed maximum energy use referred to 
                        in clause (i) is as follows:

                          ``Standards Equations
------------------------------------------------------------------------------------------------------------------------------------------------
Product Description:
Automatic Defrost Refrigerator-
 Freezers:
Top Freezer w/o TTD ice.............                      7.35 AV+ 207.0
Top Freezer w/ TTD ice..............                      7.65 AV+ 267.0
Side Freezer w/o TTD ice............                      3.68 AV+ 380.6
Side Freezer w/ TTD ice.............                      7.58 AV+ 304.5
Bottom Freezer w/o TTD ice..........                      3.68 AV+ 367.2
Bottom Freezer w/ TTD ice...........                       4.0 AV+ 431.2
Manual & Partial Automatic
 Refrigerator-Freezers:
Manual Defrost......................                      7.06 AV+ 198.7
Partial Automatic...................                      7.06 AV+ 198.7
All Refrigerators:
Manual Defrost......................                      7.06 AV+ 198.7
Automatic Defrost...................                      7.35 AV+ 207.0
All Freezers:
Upright with manual defrost.........                      5.66 AV+ 193.7
Upright with automatic defrost......                      8.70 AV+ 228.3
Chest with manual defrost...........                      7.41 AV+ 107.8
Chest with automatic defrost........                     10.33 AV+ 148.1
Automatic Defrost Refrigerator-
 Freezers--Compact Size:
Top Freezer and Bottom Freezer......                     10.80 AV+ 301.8
Side Freezer........................                      6.08 AV+ 400.8
Manual & Partial Automatic
 Refrigerator-Freezers--Compact
 Size:
Manual Defrost......................                      8.03 AV+ 224.3
Partial Automatic...................                      5.25 AV+ 298.5
All Refrigerators--Compact Size:
Manual defrost......................                      8.03 AV+ 224.3
Automatic defrost...................                      9.53 AV+ 266.3
All Freezers--Compact Size:
Upright with manual defrost.........                      8.80 AV+ 225.7
Upright with automatic defrost......                     10.26 AV+ 351.9
Chest...............................                       9.41AV+ 136.8
Automatic Defrost Refrigerator-
 Freezers--Built-ins:
Top Freezer w/o TTD ice.............                      7.84 AV+ 220.8
Side Freezer w/o TTD ice............                      3.93 AV+ 406.0
Side Freezer w/ TTD ice.............                      8.08 AV+ 324.8
Bottom Freezer w/o TTD ice..........                      3.91 AV+ 390.2
Bottom Freezer w/ TTD ice...........                      4.25 AV+ 458.2
All Refrigerators--Built-ins:
Automatic Defrost...................                      7.84 AV+ 220.8
All Freezers--Built-ins:
Upright with automatic defrost......                      9.32 AV+ 244.6
------------------------------------------------------------------------

                  (iii) Final rules.--
                          (I) In general.--Except as provided 
                        in subclause (II), after the date of 
                        publication of each test procedure 
                        change made pursuant to section 
                        323(b)(23), in accordance with the 
                        procedures described in section 
                        323(e)(2), the Secretary shall publish 
                        final rules to amend the standards 
                        specified in the table contained in 
                        clause (ii).
                          (II) Exception.--The standards 
                        amendment made pursuant to the test 
                        procedure change required under section 
                        323(b)(23)(B) shall be based on the 
                        difference between--
                                  (aa) the average measured 
                                automatic ice maker energy use 
                                of a representative sample for 
                                each product class; and
                                  (bb) the value assumed by the 
                                Department of Energy for 
                                icemaker energy use in the test 
                                procedure published pursuant to 
                                section 323(b)(23)(A).
                            (III) Applicability.--Section 
                        323(e)(3) shall not apply to the rules 
                        described in this clause.
                  (iv) Final rule.--The Secretary shall publish 
                any final rule required by clause (iii) by not 
                later than the later of the date that is 180 
                days after--
                          (I) the date of enactment of this 
                        clause; or
                          (II) the date of publication of a 
                        final rule to amend the test procedure 
                        described in section 323(b)(23).
                  (v) New product classes.--The Secretary may 
                establish 1 or more new product classes as part 
                of the final amended standard adopted pursuant 
                to the test procedure change required under 
                section 323(b)(23)(B) if the 1 or more new 
                product classes are needed to distinguish among 
                products with automatic icemakers.
                  (vi) Effective dates of standards.--
                          (I) Standards amendment for first 
                        revised test procedure.--A standards 
                        amendment 1 adopted pursuant to a test 
                        procedure change required under section 
                        323(b)(23)(A) shall apply to any 
                        product manufactured as of January 1, 
                        2014.
                          (II) Standards amendment after 
                        revised test procedure for icemaker 
                        energy.--An amendment adopted pursuant 
                        to a test procedure change required 
                        under section 323(b)(23)(B) shall apply 
                        to any product manufactured as of the 
                        date that is 3 years after the date of 
                        publication of the final rule amending 
                        the standards.
                  (vii) Slope and intercept adjustments.--
                          (I) In general.--With respect to 
                        refrigerators, freezers, and 
                        refrigerator-freezers, the Secretary 
                        may, by rule, adjust the slope and 
                        intercept of the equations specified in 
                        the table contained in clause (ii)--
                                  (aa) based on the energy use 
                                of typical products of various 
                                sizes in a product class; and
                                  (bb) if the average energy 
                                use for each of the classes is 
                                the same under the new 
                                equations as under the 
                                equations specified in the 
                                table contained in clause (ii).
                                  (II) Deadline.--If the 
                                Secretary adjusts the slope and 
                                intercept of an equation 
                                described in subclause (I), the 
                                Secretary shall publish the 
                                final rule containing the 
                                adjustment by not later than 
                                July 1, 2011.
                          (viii) Effect.--A final rule 
                        published under clause (iii) pursuant 
                        to the test procedure change required 
                        under section 323(b)(23)(B) or pursuant 
                        to clause (iv) shall not be considered 
                        to be an amendment to the standard for 
                        purposes of section 325(m).
    (c) Standards for Room Air Conditioners.--(1) The energy 
efficiency ratio of room air conditioners shall be not less 
than the following for products manufactured on or after 
January 1, 1990:

------------------------------------------------------------------------
                       Product Class                            Ratio
------------------------------------------------------------------------
Without Reverse Cycle and With Louvered Sides:
Less than 6,000 Btu........................................          8.0
6,000 to 7,999 Btu.........................................          8.5
8,000 to 13,999 Btu........................................          9.0
14,000 to 19,999 Btu.......................................          8.8
20,000 and more Btu........................................          8.2
Without Reverse Cycle and Without Louvered Sides:
Less than 6,000 Btu........................................          8.0
6,000 to 7,999 Btu.........................................          8.5
8,000 to 13,999 Btu........................................          8.5
14,000 to 19,999 Btu.......................................          8.5
20,000 and more Btu........................................          8.2
With Reverse Cycle and With Louvered Sides.................          8.5
With Reverse Cycle, Without Louvered Sides.................          8.0
------------------------------------------------------------------------

    (2)(A) The Secretary shall publish a final rule no later 
than January 1, 1992, to determine if the standards established 
under paragraph (1) should be amended. Such rule shall contain 
such amendment, if any, and provide that the amendment shall 
apply to products manufactured on or after January 1, 1995.
    (B) After January 1, 1992, the Secretary shall publish a 
final rule no later than five years after the date of 
publication of a previous final rule. The Secretary shall 
determine in such rule whether to amend the standards in effect 
for room air conditioners.
    (C) Any amendment prescribed under subparagraph (B) shall 
apply to products manufactured after a date which is five years 
after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standards, the earliest date by which a previous 
        amendment could have been effective;
        except that in no case may any amended standard apply 
        to products manufactured within three years after 
        publication of the final rule establishing such amended 
        standard.
    (3) Minimum energy efficiency ratio of room air 
conditioners manufactured on or after june 1, 2014.--
          (A) In general.--Based on the test procedure in 
        effect on July 9, 2010, the minimum energy efficiency 
        ratios of room air conditioners manufactured on or 
        after June 1, 2014, shall not be less than that 
        specified in the table contained in subparagraph (B).
          (B) Minimum energy efficiency ratios.--The minimum 
        energy efficiency ratios referred to in subparagraph 
        (A) are as follows:

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

          (C) Final rule.--
                  (i) In general.--Not later than July 1, 2011, 
                pursuant to the test procedure adopted by the 
                Secretary on January 6, 2011, the Secretary 
                shall amend the standards specified in the 
                table contained in subparagraph (B) in 
                accordance with the procedures described in 
                section323 (e)(2).
                  (ii) Standby and off mode energy 
                consumption.--
                          (I) In general.--The Secretary shall 
                        integrate standby and off mode energy 
                        consumption into the amended energy 
                        efficiency ratios standards required 
                        under clause (i).
                          (II) Requirements.--The amended 
                        standards described in subclause (I) 
                        shall reflect the levels of standby and 
                        off mode energy consumption that meet 
                        the criteria described in section 
                        325(o).
                  (iii) Applicability.--
                          (I) Amendment of Standard.--Section 
                        323(e)(3) shall not apply to the 
                        amended standards described in clause 
                        (i).
                          (II) Amended standards.--The amended 
                        standards required by this subparagraph 
                        shall apply to products manufactured on 
                        or after June 1, 2014.

           *       *       *       *       *       *       *

    (d) Standards for Central Air Conditioners and Heat 
Pumps.--(1) The seasonal energy efficiency ratio of central air 
conditioners and central air conditioning heat pumps shall be 
not less than the following:
          (A) Split Systems: 10.0 for products manufactured on 
        or after January 1, 1992.
          (B) Single Package Systems: 9.7 for products 
        manufactured on or after January 1, 1993.
    (2) The heating seasonal performance factor of central air 
conditioning heat pumps shall be not less than the following:
          (A) Split Systems: 6.8 for products manufactured on 
        or after January 1, 1992.
          (B) Single Package Systems: 6.6 for products 
        manufactured on or after January 1, 1993.

           *       *       *       *       *       *       *

    (4) Central air conditioners and heat pumps (except 
through-the-wall central air conditioners, through-the-wall 
central air conditioning heat pumps, and small duct, high 
velocity systems) manufactured on or after january 1, 2015.--
          (A) Base national standards.--
                  (i) Seasonal energy efficiency ratio.--The 
                seasonal energy efficiency ratio of central air 
                conditioners and central air conditioning heat 
                pumps manufactured on or after January 1, 2015, 
                shall than the following:
                          (I) Split Systems: 13 for central air 
                        conditioners and 14 for heat pumps.
                          (II) Single Package Systems: 14.
                  (ii) Heating seasonal performance factor.--
                The heating seasonal performance factor of 
                central air conditioning heat pumps 
                manufactured on or after January 1, 2015, shall 
                than the following:
                          (I) Split Systems: 8.2.
                          (II) Single Package Systems: 8.0.
          (B) Regional standards.--
                  (i) Seasonal energy efficiency ratio.--The 
                seasonal energy efficiency ratio of central air 
                conditioners and central air conditioning heat 
                pumps manufactured on or after January 1, 2015, 
                and installed in States having historical 
                average annual, population weighted, heating 
                degree days less than 5,000 (specifically the 
                States of Alabama, Arizona, Arkansas, 
                California, Delaware, Florida, Georgia, Hawaii, 
                Kentucky, Louisiana, Maryland, Mississippi, 
                Nevada, New Mexico, North Carolina, Oklahoma, 
                South Carolina, Tennessee, Texas, and Virginia) 
                or in the District of Columbia, the 
                Commonwealth of Puerto Rico, or any other 
                territory or possession of the United States 
                shall not be less than the following:
                          (I) Split Systems: 14 for central air 
                        conditioners and 14 for heat pumps.
                          (II) Single Package Systems: 14.
                  (ii) Energy efficiency ratio.--The energy 
                efficiency ratio of central air conditioners 
                (not including heat pumps) manufactured on or 
                after January 1, 2015, and installed in the 
                State of Arizona, California, New Mexico, or 
                Nevada shall not be less than the following:
                          (I) Split Systems: 12.2 for split 
                        systems having a rated cooling capacity 
                        less than 45,000 BTU per hour and 11.7 
                        for products having a rated cooling 
                        capacity equal to or greater than 
                        45,000 BTU per hour.
                          (II) Single Package Systems: 11.0.
                  (iii) Application of subsection (o)(6).--
                Subsection (o)(6) shall apply to the regional 
                standards set forth in this subparagraph.
          (C) Amendment of standards.--
                  (i) In general.--Not later than January 1, 
                2017, the Secretary shall publish a final rule 
                to determine whether the standards in effect 
                for central air conditioners and central air 
                conditioning heat pumps should be amended.
                  (ii) Application.--The rule shall provide 
                that any amendments shall apply to products 
                manufactured on or after January 1, 2022.
          (D) Consideration of additional performance standards 
        or efficiency criteria.--
                  (i) Forum.--Not later than 4 years in advance 
                of the expected publication date of a final 
                rule for central air conditioners and heat 
                pumps under subparagraph (C), the Secretary 
                shall convene and facilitate a forum for 
                interested persons that are fairly 
                representative of relevant points of view 
                (including representatives of manufacturers of 
                the covered product, States, and efficiency 
                advocates), as determined by the Secretary, to 
                consider adding additional performance 
                standards or efficiency criteria in the 
                forthcoming rule.
                  (ii) Recommendation.--If, within 1 year of 
                the initial convening of such a forum, the 
                Secretary receives a recommendation submitted 
                jointly by such representative interested 
                persons to add 1 or more performance standards 
                or efficiency criteria, the Secretary shall 
                incorporate the performance standards or 
                efficiency criteria in the rulemaking process, 
                and, if justified under the criteria 
                established in this section, incorporate such 
                performance standards or efficiency criteria in 
                the revised standard.
                  (iii) No recommendation.--If no such joint 
                recommendation is made within1 year of the 
                initial convening of such a forum, the 
                Secretary may add additional performance 
                standards or efficiency criteria if the 
                Secretary finds that the benefits substantially 
                exceed the burdens of the action.
          (E) New construction levels.--
                  (i) In general.--As part of any final rule 
                concerning central air conditioner and heat 
                pump standards published after June 1, 2013, 
                the Secretary shall determine if the building 
                code levels specified in section 327(f)(3)(C) 
                should be amended subject to meeting the 
                criteria of subsection (o) when applied 
                specifically to new construction.
                  (ii) Effective date.--Any amended levels 
                shall not take effect before January 1, 2018.
                  (iii) Amended levels.--The final rule shall 
                contain the amended levels, if any.
    (5) Standards for through-the-wall central air 
conditioners, through-the-wall central air conditioning heat 
pumps, and small duct, high velocity systems.--
          (A) Definitions.--In this paragraph:
                  (i) Small duct, high velocity system.--The 
                term `small duct, high velocity system' means a 
                heating and cooling product that contains a 
                blower and indoor coil combination that--
                          (I) is designed for, and produces, at 
                        least 1.2 inches of external static 
                        pressure when operated at the certified 
                        air volume rate of 220-350 CFM per 
                        rated ton of cooling; and
                          (II) when applied in the field, uses 
                        high velocity room outlets generally 
                        greater than 1,000 fpm that have less 
                        than 6.0 square inches of free area.
                  (ii) Through-the-wall central air 
                conditioner; through-the-wall central air 
                conditioning heat pump.--The terms `through-
                the-wall central air conditioner' and `through-
                the-wall central air conditioning heat pump' 
                mean a central air conditioner or heat pump, 
                respectively, that is designed to be installed 
                totally or partially within a fixed-size 
                opening in an exterior wall, and--
                          (I) is not weatherized;
                          (II) is clearly and permanently 
                        marked for installation only through an 
                        exterior wall;
                          (III) has a rated cooling capacity no 
                        greater than 30,000 Btu/hr;
                          (IV) exchanges all of its outdoor air 
                        across a single surface of the 
                        equipment cabinet; and
                          (V) has a combined outdoor air 
                        exchange area of less than 800 square 
                        inches (split systems) or less than 
                        1,210 square inches (single packaged 
                        systems) as measured on the surface 
                        area described in subclause (IV).
                  (iii) Revision.--The Secretary may revise the 
                definitions contained in this subparagraph 
                through publication of a final rule.
          (B) Small-duct high-velocity systems.--
                  (i) Seasonal energy efficiency ratio.--The 
                seasonal energy efficiency ratio for small-duct 
                high-velocity systems shall be not less than 
                11.00 for products manufactured on or after 
                January 23, 2006.
                  (ii) Heating seasonal performance factor.--
                The heating seasonal performance factor for 
                small-duct high-velocity systems shall be not 
                less than 6.8 for products manufactured on or 
                after January 23, 2006.
          (C) Rulemaking.--
                  (i) In general.--Not later than June 30, 
                2011, the Secretary shall publish a final rule 
                to determine whether standards for through-the-
                wall central air conditioners, through-the-wall 
                central air conditioning heat pumps and small 
                duct, high velocity systems should be amended.
                  (ii) Application.--The rule shall provide 
                that any new or amended standard shall apply to 
                products manufactured on or after June 30, 
                2016.
    (e) Standards for Water Heaters; Pool Heaters; Direct 
Heating Equipment.--(1) The energy factor of water heaters 
shall be not less than the following for products manufactured 
on or after January 1, 1990:
          (A) Gas Water Heater: .62--(.0019  Rated 
        Storage Volume in gallons)
          (B) Oil Water Heater: .59--(.0019  Rated 
        Storage Volume in gallons)
          (C) Electric Water Heater: .95--(.00132  
        Rated Storage Volume in gallons)
    [(2) The thermal efficiency of pool heaters]
    (2) Pool heaters.--
          (A) Gas-fired pool heaters.--The thermal efficiency 
        of gas-fired pool heaters manufactured on or after 
        January 1, 1990, shall not be less than 78 percent.
          (B) Heat Pump Pool Heaters.--Heat pump pool heaters 
        manufactured on or after the date of enactment of this 
        subparagraph shall have a minimum coefficient of 
        performance of 4.0.

           *       *       *       *       *       *       *

    (4)(A) The Secretary shall publish final rules no later 
than January 1, 1992, to determine whether the standards 
established by paragraph (1), (2), or (3) for water heaters, 
pool heaters, and direct heating equipment should be amended. 
Such rule shall provide that any amendment shall apply to 
products manufactured on or after January 1, 1995.
    (B) The Secretary shall publish a final rule no later than 
January 1, 2000, to determine whether standards in effect for 
such products should be amended. Such rule shall provide that 
any such amendment shall apply to products manufactured on or 
after January 1, 2005.
    (5) Uniform efficiency descriptor for covered water 
heaters.--
          (A) Definitions.--In this paragraph:
                  (i) Covered water heater.--The term covered 
                water heater' means--
                          (I) a water heater; and
                          (II) a storage water heater, 
                        instantaneous water heater, and unfired 
                        water storage tank (as defined in 
                        section 340).
                  (ii) Final rule.--The term `final rule' means 
                the final rule published under this paragraph.
          (B) Publication of final rule.--Not later than 180 
        days after the date of enactment of this paragraph, the 
        Secretary shall publish a final rule that establishes a 
        uniform efficiency descriptor and accompanying test 
        methods for covered water heaters.
          (C) Purpose.--The purpose of the final rule shall be 
        to replace with a uniform efficiency descriptor--
                  (i) the energy factor descriptor for water 
                heaters established under this subsection; and
                  (ii) the thermal efficiency and standby loss 
                descriptors for storage water heaters, 
                instantaneous water heaters, and unfired water 
                storage tanks established under section 
                342(a)(5).
          (D) Effect of final rule.--(i) In general.--
        Notwithstanding any other provision of this title, 
        effective beginning on the effective date of the final 
        rule, the efficiency standard for covered water heaters 
        shall be denominated according to the efficiency 
        descriptor established by the final rule.
          (ii) Effective date.--The final rule shall take 
        effect 1 year after the date of publication of the 
        final rule under subparagraph (B).
          (E) Conversion factor.--
                  (i) In general.--The Secretary shall develop 
                a mathematical conversion factor for converting 
                the measurement of efficiency for covered water 
                heaters from the test procedures in effect on 
                the date of enactment of this paragraph to the 
                new energy descriptor established under the 
                final rule.
                  (ii) Application.--The conversion factor 
                shall apply to models of covered water heaters 
                affected by the final rule and tested prior to 
                the effective date of the final rule.
                  (iii) Effect on efficiency requirements.--The 
                conversion factor shall not affect the minimum 
                efficiency requirements for covered water 
                heaters otherwise established under this title.
                  (iv) Use.--During the period described in 
                clause (v), a manufacturer may apply the 
                conversion factor established by the Secretary 
                to rerate existing models of covered water 
                heaters that are in existence prior to the 
                effective date of the rule described in clause 
                (v)(II) to comply with the new efficiency 
                descriptor.
                  (v) Period.--Subclause (E) shall apply during 
                the period--
                          (I) beginning on the date of 
                        publication of the conversion factor in 
                        the Federal Register; and
                          (II) ending on April 16, 2015.
          (F) Exclusions.--The final rule may exclude a 
        specific category of covered water heaters from the 
        uniform efficiency descriptor established under this 
        paragraph if the Secretary determines that the category 
        of water heaters--
                  (i) does not have a residential use and can 
                be clearly described in the final rule; and
                  (ii) are effectively rated using the thermal 
                efficiency and standby loss descriptors applied 
                (on the date of enactment of this paragraph) to 
                the category under section 342(a)(5).
          (G) Options.--The descriptor set by the final rule 
        may be--
                  (i) a revised version of the energy factor 
                descriptor in use on the date of enactment of 
                this paragraph;
                  (ii) the thermal efficiency and standby loss 
                descriptors in use on that date;
                  (iii) a revised version of the thermal 
                efficiency and standby loss descriptors;
                  (iv) a hybrid of descriptors; or
                  (v) a new approach.
          (H) Application.--The efficiency descriptor and 
        accompanying test method established under the final 
        rule shall apply, to the maximum extent practicable, to 
        all water heating technologies in use on the date of 
        enactment of this paragraph and to future water heating 
        technologies.
          (I) Participation.--The Secretary shall invite 
        interested stakeholders to participate in the 
        rulemaking process used to establish the final rule.
          (J) Testing of alternative descriptors.--In 
        establishing the final rule, the Secretary shall 
        contract with the National Institute of Standards and 
        Technology, as necessary, to conduct testing and 
        simulation of alternative descriptors identified for 
        consideration.
          (K) Existing covered water heaters.--A covered water 
        heater shall be considered to comply with the final 
        rule on and after the effective date of the final rule 
        and with any revised labeling requirements established 
        by the Federal Trade Commission to carry out the final 
        rule if the covered water heater--
                  (i) was manufactured prior to the effective 
                date of the final rule; and
                  (ii) complied with the efficiency standards 
                and labeling requirements in effect prior to 
                the final rule.

           *       *       *       *       *       *       *

    (f) Standards for Furnaces and Boilers.--(1) Furnaces 
(other than furnaces designed solely for installation in mobile 
homes) manufactured on or after January 1, 1992, shall have an 
annual fuel utilization efficiency of not less than 78 percent, 
except that--
          (A) boilers (other than gas steam boilers) shall have 
        an annual fuel utilization efficiency of not less than 
        80 percent and gas steam boilers shall have an annual 
        fuel utilization efficiency of not less than 75 
        percent; and
          (B) the Secretary shall prescribe a final rule not 
        later than January 1, 1989, establishing an energy 
        conservation standard--
                  (i) which is for furnaces (other than 
                furnaces designed solely for installation in 
                mobile homes) having an input of less than 
                45,000 Btu per hour and manufactured on or 
                after January 1, 1992;
                  (ii) which provides that the annual fuel 
                utilization efficiency of such furnaces shall 
                be a specific percent which is not less than 71 
                percent and not more than 78 percent; and
                  (iii) which the Secretary determines is not 
                likely to result in a significant shift from 
                gas heating to electric resistance heating with 
                respect to either residential construction or 
                furnace replacement.
    (2) Furnaces which are designed solely for installation in 
mobile homes and which are manufactured on or after September 
1, 1990, shall have an annual fuel utilization efficiency of 
not less than 75 percent.

           *       *       *       *       *       *       *

    (5) Non-weatherized Furnaces (including Mobile Home 
Furnaces, but not including boilers) Manufactured on or after 
May 1, 2013, and Weatherized Furnaces Manufactured on or after 
January 1, 2015.--
          (A) Base national standards.--
                  (i) Non-weatherized furnaces.--The annual 
                fuel utilization efficiency of non-weatherized 
                furnaces manufactured on or after May 1, 2013, 
                shall be not less than the following:
                          (I) Gas furnaces, a level determined 
                        by the Secretary in a final rule 
                        published not later than June 30, 2011.
                          (II) Oil furnaces, 83 percent.
                  (ii) Weatherized furnaces.--The annual fuel 
                utilization efficiency of weatherized gas 
                furnaces manufactured on or after January 1, 
                2015, shall be not less than 81 percent.
          (B) Regional standard.--
                  (i) Annual fuel utilization efficiency.--Not 
                later than June 30, 2011, the Secretary shall--
                          (I) publish a final rule determining 
                        whether to establish a standard for the 
                        annual fuel utilization efficiency of 
                        non-weatherized gas furnaces 
                        manufactured on or after May 1, 2013, 
                        and installed in States having 
                        historical average annual, population 
                        weighted, heating degree days equal to 
                        or greater than 5,000 (specifically the 
                        States of Alaska, Colorado, 
                        Connecticut, Idaho, Illinois, Indiana, 
                        Iowa, Kansas, Maine, Massachusetts, 
                        Michigan, Minnesota, Missouri, Montana, 
                        Nebraska, New Hampshire, New Jersey, 
                        New York, North Dakota, Ohio, Oregon, 
                        Pennsylvania, Rhode Island, South 
                        Dakota, Utah, Vermont, Washington, West 
                        Virginia, Wisconsin, and Wyoming); and
                          (II) include in the final rule 
                        described in subclause (I) any regional 
                        standard established under this 
                        subparagraph.
                  (ii) Application of subsection (o)(6).--
                Subsection (o)(6) shall apply to any regional 
                standard established under this subparagraph.
          (C) Amendment of standards.--
                  (i) Non-weatherized furnaces.--
                          (I) In general.--Not later than 
                        January 1, 2014, the Secretary shall 
                        publish a final rule to determine 
                        whether the standards in effect for 
                        non-weatherized furnaces should be 
                        amended.
                          (II) Application.--The rule shall 
                        provide that any amendments shall apply 
                        to products manufactured on or after 
                        January 1, 2019.
                  (ii) Weatherized furnaces.--
                          (I) In general.--Not later than 
                        January 1, 2017, the Secretary shall 
                        publish a final rule to determine 
                        whether the standard in effect for 
                        weatherized furnaces should be amended.
                          (II) Application.--The rule shall 
                        provide that any amendments shall apply 
                        to products manufactured on or after 
                        January 1, 2022.
          (D) New construction levels.--
                  (i) In general.--
                          (I) Final rule published after 
                        january 1, 2011.--As part of any final 
                        rule concerning furnace standards 
                        published after January 1, 2011, the 
                        Secretary shall establish the building 
                        code levels referred to in subclauses 
                        (I)(aa), (II)(aa), and (III)(aa) of 
                        section 327(f)(3)(C)(i) subject to 
                        meeting the criteria of subsection (o) 
                        when applied specifically to new 
                        construction.
                          (II) Final rule published after june 
                        1, 2013.--As part of any final rule 
                        concerning furnace standards published 
                        after June 1, 2013, the Secretary shall 
                        determine if the building code levels 
                        specified in or pursuant to section 
                        327(f)(3)(C) should be amended subject 
                        to meeting the criteria of subsection 
                        (o) when applied specifically to new 
                        construction.
                  (ii) Effective date.--Any amended levels 
                shall not take effect before January 1, 2018.
                  (iii) Amended levels.--The final rule shall 
                contain the amended levels, if any.
    (g) Standards for Dishwashers; Clothes Washers; Clothes 
Dryers, Fluorescent Lamp Ballasts.--(1) Dishwashers 
manufactured on or after January 1, 1988, shall be equipped 
with an option to dry without heat.
    (2) All rinse cycles of clothes washers shall include an 
unheated water option, but may have a heated water rinse 
option, for products manufactured on or after January 1, 1988.
    (3) Gas clothes dryers shall not be equipped with a 
constant burning pilot for products manufactured on or after 
January 1, 1988.
    (4)(A) The Secretary shall publish final rules no later 
than January 1, 1990, to determine if the standards established 
under this subsection for products described in paragraphs (1), 
(2), and (3) should be amended. Such rules shall provide that 
any amendment shall apply to products the manufacture of which 
is completed on or after January 1, 1993.

           *       *       *       *       *       *       *

    (C) Any such amendment shall apply to products manufactured 
after a date which is five years after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standard, the earliest date by which a previous 
        amendment could have been in effect; except that in no 
        case may any amended standard apply to products 
        manufactured within 3 years after publication of the 
        final rule establishing such standard.
    (D) Minimum energy factors for clothes dryers.--
          (i) In general.--Based on the test procedure in 
        effect as of July 9, 2010, clothes dryers manufactured 
        on or after January 1, 2015, shall comply with the 
        minimum energy factors specified in the table contained 
        in clause (ii).
          (ii) New standards.--The minimum energy factors 
        referred to in clause (i) are as follows:

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

          (iii) Final rule.--
                  (I) Requirements.--
                          (aa) In general.--The final rule to 
                        amend the clothes dryer test procedure 
                        adopted pursuant to section 
                        323(b)(24)(B) shall amend the energy 
                        factors standards specified in the 
                        table contained in clause (ii) in 
                        accordance with the procedures 
                        described in section 323(e)(2).
                          (bb) Representative sample.--To 
                        establish a representative sample of 
                        compliant products, the Secretary shall 
                        select a sample of minimally compliant 
                        dryers that automatically terminate the 
                        drying cycle at not less than 4 percent 
                        remaining moisture content.
                  (II) Standby and off mode energy 
                consumption.--
                          (aa) Integration.--The Secretary 
                        shall integrate standby and off mode 
                        energy consumption into the amended 
                        standards required under subclause (I).
                          (bb) Requirements.--The amended 
                        standards described in item (aa) shall 
                        reflect levels of standby and off mode 
                        energy consumption that meet the 
                        criteria described in section 325(o).
                  (III) Applicability.--
                          (aa) Amendment of standard.--Section 
                        323(e)(3) shall not apply to the 
                        amended standards described in 
                        subclause 5(I).
                          (bb) Amended standards.--The amended 
                        standards required by this clause shall 
                        apply to products manufactured on or 
                        after january 1, 2015.
          (iv) Other standards.--Any dryer energy conservation 
        standard that takes effect after the date of enactment 
        of this subparagraph but before the amended standard 
        required by this subparagraph shall not apply.
    (5) Except as provided in paragraph (6), each fluorescent 
lamp ballast--
          (A)(i) manufactured on or after January 1, 1990;
          (ii) sold by the manufacturer on or after April 1, 
        1990; or
          (iii) incorporated into a luminaire by a luminaire 
        manufacturer on or after April 1, 1991; and
          (B) designed--
                  (i) to operate at nominal input voltages of 
                120 or 277 volts;
                  (ii) to operate with an input current 
                frequency of 60 Hertz; and
                  (iii) for use in connection with an F40T12, 
                F96T12, or F96T12HO lamps;
        shall have a power factor of 0.90 or greater and shall 
        have a ballast efficacy factor not less than the 
        following:

----------------------------------------------------------------------------------------------------------------
                                                                   Total nominal lamp
     Application for operation of       Ballast input voltage            watts           Ballast efficacy factor
----------------------------------------------------------------------------------------------------------------
One F40T12 lamp......................                      120                       40                    1.805
                                                           277                       40                    1.805
Two F40T12 lamps.....................                      120                       80                    1.060
                                                           277                       80                    1.050
Two F96T12 lamps.....................                      120                      150                    0.570
                                                           277                      150                    0.570
Two F96T12HO lamps...................                      120                      220                    0.390
                                                           277                      220                    0.390
----------------------------------------------------------------------------------------------------------------

    (6) The standards described in paragraph (5) do not apply 
to (A) a ballast which is designed for dimming or for use in 
ambient temperatures of 0 F or less, or (B) a ballast which has 
a power factor of less than 0.90 and is designed and labeled 
for use only in residential building applications.
    (7)(A) The Secretary shall publish a final rule no later 
than January 1, 1992, to determine if the standards established 
under paragraph (5) should be amended, including whether such 
standards should be amended so that they would be applicable to 
ballasts described in paragraph (6) and other fluorescent lamp 
ballasts. Such rule shall contain such amendment, if any, and 
provide that the amendment shall apply to products manufactured 
on or after January 1, 1995.
    (B) After January 1, 1992, the Secretary shall publish a 
final rule no later than five years after the date of 
publication of a previous final rule. The Secretary shall 
determine in such rule whether to amend the standards in effect 
for fluorescent lamp ballasts, including whether such standards 
should be amended so that they would be applicable to 
additional fluorescent lamp ballasts.
    (C) Any amendment prescribed under subparagraph (B) shall 
apply to products manufactured after a date which is five years 
after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standards, the earliest date by which a previous 
        amendment could have been effective;
except that in no case may any amended standard apply to 
products manufactured within three years after publication of 
the final rule establishing such amended standard.
    (8)(A) Each fluorescent lamp ballast (other than 
replacement ballasts or ballasts described in subparagraph 
(C))--
          (i)(I) manufactured on or after July 1, 2009;
          (II) sold by the manufacturer on or after October 1, 
        2009; or
          (III) incorporated into a luminaire by a luminaire 
        manufacturer on or after July 1, 2010; and
          (ii) designed--
                  (I) to operate at nominal input voltages of 
                120 or 277 volts;
                  (II) to operate with an input current 
                frequency of 60 Hertz; and
                  (III) for use in connection with F34T12 
                lamps, F96T12/ES lamps, or F96T12HO/ES lamps;
        shall have a power factor of 0.90 or greater and shall 
        have a ballast efficacy factor of not less than the 
        following:

----------------------------------------------------------------------------------------------------------------
     Application for operation of       Ballast input voltage   Total nominal lampwatts  Ballast efficacy factor
----------------------------------------------------------------------------------------------------------------
One F34T12 lamp......................                  120/277                       34                     2.61
Two F34T12 lamps.....................                  120/277                       68                    1.355
Two F96T12/ES lamps..................                  120/277                      120                     0.77
Two F96T12HO/ES lamps................                  120/277                      190                     0.42
----------------------------------------------------------------------------------------------------------------

    (B) The standards described in subparagraph (A) shall apply 
to all ballasts covered by subparagraph (A)(ii) that are 
manufactured on or after July 1, 2010, or sold by the 
manufacturer on or after October 1, 2010.
    (C) The standards described in subparagraph (A) do not 
apply to--
          (i) a ballast that is designed for dimming to 50 
        percent or less of the maximum output of the ballast;
          (ii) a ballast that is designed for use with 2 
        F96T12HO lamps at ambient temperatures of [20F] -20F or 
        less and for use in an outdoor sign; or
          (iii) a ballast that has a power factor of less than 
        0.90 and is designed and labeled for use only in 
        residential applications.
    (9) Residential Clothes Washers Manufactured on or after 
January 1, 2011.--
          (A) In general.--A top-loading or front-loading 
        standard-size residential clothes washer manufactured 
        on or after January 1, 2011, shall have--
                  (i) a Modified Energy Factor of at least 
                1.26; and
                  (ii) a water factor of not more than 9.5.
          [(B) Amendment of standards.--
                  [(i) In general.--Not later than December 31, 
                2011, the Secretary shall publish a final rule 
                determining whether to amend the standards in 
                effect for clothes washers manufactured on or 
                after January 1, 2015.
                  [(ii) Amended standards.--The final rule 
                shall contain any amended standards.]
          (B) Amendment of standards.--
                  (i) Products manufactured on or after january 
                1, 2015.--
                          (I) In general.--Based on the test 
                        procedure in effect on July 9, 2010, 
                        clothes washers manufactured on or 
                        after January 1, 2015, shall comply 
                        with the minimum modified energy 
                        factors and maximum water factors 
                        specified in the table contained in 
                        subclause (II).
                          (II) Standards.--The minimum modified 
                        energy factors and maximum water 
                        factors referred to in subclause (I) 
                        are as follows:

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

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

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

                  (iii) Final rule.--
                          (I) In general.--The final rule to 
                        amend the clothes washer test procedure 
                        adopted pursuant to section 
                        323(b)(24)(A) shall amend the standards 
                        described in clauses (i) and (ii) in 
                        accordance with the procedures 
                        described in section 323(e)(2).
                          (II) Standby and off mode energy 
                        consumption.--
                                  (aa) Integration.--The 
                                Secretary shall integrate 
                                standby and off mode energy 
                                consumption into the amended 
                                modified energy factor 
                                standards required under 
                                subclause (I).
                                  (bb) Requirements.--The 
                                amended modified energy factor 
                                standards described in item 
                                (aa) shall reflect levels of 
                                standby and off mode energy 
                                consumption that meet the 
                                criteria described in section 
                                325(o).
                          (III) Applicability.--
                                  (aa) Amendment of standard.--
                                Section 323(e)(3) shall not 
                                apply to the amended standards 
                                described in subclause (I).
                                  (bb) Amended standards for 
                                products manufactured on or 
                                after january 1, 2015.-- 
                                Amended standards required by 
                                this clause that are based on 
                                clause (i) shall apply to 
                                products manufactured on or 
                                after January 1, 2015.
                                  (cc) Amended standards for 
                                products manufactured on or 
                                after january 1, 2018.-- 
                                Amended standards required by 
                                this clause that are based on 
                                clause (ii) shall apply to 
                                products manufactured on or 
                                after January 1, 2018.

           *       *       *       *       *       *       *

    (10) Residential dishwashers manufactured on or after 
January 1, 2010.--
          [(A In general.--A dishwasher manufactured on or 
        after January 1, 2010, shall--
                  [(i) for a standard size dishwasher not 
                exceed 355 kWh/year and 6.5 gallons per cycle; 
                and
                  [(ii) for a compact size dishwasher not 
                exceed 260 kWh/year and 4.5 gallons per cycle.]
          (A) Dishwashers manufactured on or after january 1, 
        2010.--A dishwasher manufactured on or after January 1, 
        2010, shall--
                  (i) for a standard size dishwasher, not 
                exceed 355 kilowatt hours per year and 6.5 
                gallons per cycle; and
                  (ii) for a compact size dishwasher, not 
                exceed 260 kilowatt hours per year and 4.5 
                gallons per cycle.
          (B) Dishwashers manufactured on or after january 1, 
        2013.--A dishwasher manufactured on or after January 1, 
        2013, shall--
                  (i) for a standard size dishwasher, not 
                exceed 307 kilowatt hours per year and 5.0 
                gallons per cycle; and
                  (ii) for a compact size dishwasher, not 
                exceed 222 kilowatt hours per year and 3.5 
                gallons per cycle.
          (C) Requirements of final rules.--
                  (i) In general.--Any final rule to amend the 
                dishwasher test procedure after July 9, 2010, 
                and before January 1, 2013, shall amend the 
                standards described in subparagraph (B) in 
                accordance with the procedures described in 
                section 323(e)(2).
                  (ii) Applicability.-- 
                          (I) Amendment of standard.--Section 
                        323(e)(3) shall not apply to the 
                        amended standards described in clause 
                        (i).
                          (II) Amended standards.--The amended 
                        standards required by this subparagraph 
                        shall apply to products manufactured on 
                        or after January 1, 2013.
          [(B)] (D) Amendment of standards.--
                  (i) In general.--Not later than January 1, 
                2015, the Secretary shall publish a final rule 
                determining whether to amend the standards for 
                dishwashers manufactured on or after January 1, 
                2018.
                (ii) Amended standards.--The final rule shall 
                contain any amended standards.

           *       *       *       *       *       *       *

    (h) Standards for Kitchen Ranges and Ovens.--

           *       *       *       *       *       *       *

    [i General Service Fluorescent Lamps, General Service 
Incandescent Lamps, Intermediate Base Incandescent Lamps, 
Candelabra Base Incandescent Lamps, and Incandescent Reflector 
Lamps.--
          [1 Standards.--
                  [(A) Definition of effective date.--In this 
                paragraph (other than subparagraph (D)), the 
                term ``effective date'' means, with respect to 
                each type of lamp specified in a table 
                contained in subparagraph (B), the last day of 
                the period of months corresponding to that type 
                of lamp (as specified in the table) that 
                follows October 24, 1992.
                  [(B) Minimum standards.--Each of the 
                following general service fluorescent lamps and 
                incandescent reflector lamps manufactured after 
                the effective date specified in the tables 
                contained in this paragraph shall meet or 
                exceed the following lamp efficacy and CRI 
                standards:

                                               [FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                            Minimum Average
            Lamp Type                Nominal Lamp         Minimum CRI        Lamp Efficacy      Effective Date
                                        Wattage                                  (LPW)        (Period of Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin............              >35 W                  69                75.0                  36
                                               35 W                  45                75.0                  36
2-foot U-shaped.................              >35 W                  69                68.0                  36
                                               35 W                  45                64.0                  36
8-foot-slimline.................              >65 W                  69                80.0                  18
                                               65 W                  45                80.0                  18
8-foot high output..............             >100 W                  69                80.0                  18
                                              100 W                  45                80.0                 18.
----------------------------------------------------------------------------------------------------------------


                      [INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
                                    Minimum Average     Effective Date
      Nominal Lamp Wattage           Lamp Efficacy      (Period of
                                         (LPW)              Months)
------------------------------------------------------------------------
40-50...........................               10.5                  36
51-66...........................               11.0                  36
67-85...........................               12.5                  36
86-115..........................               14.0                  36
116-155.........................               14.5                  36
156-205.........................                 15                 36.
------------------------------------------------------------------------

                  [(C) Exemptions.--The standards specified in 
                subparagraph (B) shall not apply to the 
                following types of incandescent reflector 
                lamps:
                          [(i) Lamps rated at 50 watts or less 
                        that are ER30, BR30, BR40, or ER40 
                        lamps.
                          [(ii) Lamps rated at 65 watts that 
                        are BR30, BR40, or ER40 lamps.
                          [(iii) R20 incandescent reflector 
                        lamps rated 45 watts or less.
                  [(D) Effective dates.--
                          [(i) Er, br, and bpar lamps.--The 
                        standards specified in subparagraph (B) 
                        shall apply with respect to ER 
                        incandescent reflector lamps, BR 
                        incandescent reflector lamps, BPAR 
                        incandescent reflector lamps, and 
                        similar bulb shapes on and after 
                        January 1, 2008.
                          [(ii) Lamps between 2.25-2.75 inches 
                        in diameter.--The standards specified 
                        in subparagraph (B) shall apply with 
                        respect to incandescent reflector lamps 
                        with a diameter of more than 2.25 
                        inches, but not more than 2.75 inches, 
                        on and after the later of January 1, 
                        2008, or the date that is 180 days 
                        after the date of enactment of the 
                        Energy Independence and Security Act of 
                        2007.
          [(2) Notwithstanding section 332(a)(5) and section 
        332(b), it shall not be unlawful for a manufacturer to 
        sell a lamp which is in compliance with the law at the 
        time such lamp was manufactured.
          [(3) Not less than 36 months after the date of the 
        enactment of this subsection, the Secretary shall 
        initiate a rulemaking procedure and shall publish a 
        final rule not later than the end of the 54-month 
        period beginning on the date of the enactment of this 
        subsection to determine if the standards established 
        under paragraph (1) should be amended. Such rule shall 
        contain such amendment, if any, and provide that the 
        amendment shall apply to products manufactured on or 
        after the 36-month period beginning on the date such 
        final rule is published.
          [(4) Not less than eight years after the date of the 
        enactment of this subsection, the Secretary shall 
        initiate a rulemaking procedure and shall publish a 
        final rule not later than nine years and six months 
        after the date of the enactment of this subsection to 
        determine if the standards in effect for fluorescent 
        lamps and incandescent lamps should be amended. Such 
        rule shall contain such amendment, if any, and provide 
        that the amendment shall apply to products manufactured 
        on or after the 36-month period beginning on the date 
        such final rule is published.
          [(5) Not later than the end of the 24-month period 
        beginning on the date labeling requirements under 
        section 324(a)(2)(C) become effective, the Secretary 
        shall initiate a rulemaking procedure to determine if 
        the standards in effect for fluorescent lamps and 
        incandescent lamps should be amended so that they would 
        be applicable to additional general service fluorescent 
        and shall publish, not later than 18 months after 
        initiating such rulemaking, a final rule including such 
        amended standards, if any. Such rule shall provide that 
        the amendment shall apply to products manufactured 
        after a date which is 36 months after the date such 
        rule is published.
          [(6) Standards for general service lamps.--
                  [(A) Rulemaking before january 1, 2014.--
                          [(i) In general.--Not later than 
                        January 1, 2014, the Secretary shall 
                        initiate a rulemaking procedure to 
                        determine whether--
                                  [(I) standards in effect for 
                                general service lamps should be 
                                amended to establish more 
                                stringent standards than the 
                                standards specified in 
                                paragraph (1)(A); and
                                  [(II) the exemptions for 
                                certain incandescent lamps 
                                should be maintained or 
                                discounted based, in part, on 
                                exempted lamp sales collected 
                                by the Secretary from 
                                manufacturers.
                          [(ii) Scope.--The rulemaking--
                                  [(I) shall not be limited to 
                                incandescent lamp technologies; 
                                and
                                  [(II) shall include 
                                consideration of a minimum 
                                standard of 45 lumens per watt 
                                for general service lamps.
                          [(iii) Amended standards.--If the 
                        Secretary determines that the standards 
                        in effect for general service 
                        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 does not meet a 
                        minimum efficacy standard of 45 lumens 
                        per watt.
                          [(vi) State preemption.--Neither 
                        section 327(b) nor any other provision 
                        of law shall preclude California or 
                        Nevada from adopting, effective 
                        beginning on or after January 1, 2018--
                                  [(I) a final rule adopted by 
                                the Secretary in accordance 
                                with clauses (i) through (iv);
                                  [(II) if a final rule 
                                described in subclause (I) has 
                                not been adopted, the backstop 
                                requirement under clause (v); 
                                or
                                  [(III) in the case of 
                                California, if a final rule 
                                described in subclause (I) has 
                                not been adopted, any 
                                California regulations relating 
                                to these covered products 
                                adopted pursuant to State 
                                statute in effect as of the 
                                date of enactment of the Energy 
                                Independence and Security Act 
                                of 2007.
                  [(A) 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 based, in part, on 
                                exempted lamp sales data 
                                collected by the Secretary from 
                                manufacturers.
                          [(ii) Scope.--The rulemaking shall 
                        not be limited to incandescent lamp 
                        technologies.
                          [(iii) Amended standards.--If the 
                        Secretary determines that the standards 
                        in effect for general service 
                        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.
          [(7)(A) With respect to any lamp to which standards 
        are applicable under this subsection or any lamp 
        specified in section 346, the Secretary shall inform 
        any Federal entity proposing actions which would 
        adversely impact the energy consumption or energy 
        efficiency of such lamp of the energy conservation 
        consequences of such action. It shall be the 
        responsibility of such Federal entity to carefully 
        consider the Secretary's comments.
          [(B) Notwithstanding section 325(n)(1), the Secretary 
        shall not be prohibited from amending any standard, by 
        rule, to permit increased energy use or to decrease the 
        minimum required energy efficiency of any lamp to which 
        standards are applicable under this subsection if such 
        action is warranted as a result of other Federal action 
        (including restrictions on materials or processes) 
        which would have the effect of either increasing the 
        energy use or decreasing the energy efficiency of such 
        product.
          [(8) Not later than the date on which standards 
        established pursuant to this subsection become 
        effective, or, with respect to high-intensity discharge 
        lamps covered under section 346, the effective date of 
        standards established pursuant to such section, each 
        manufacturer of a product to which such standards are 
        applicable shall file with the Secretary a laboratory 
        report certifying compliance with the applicable 
        standard for each lamp type. Such report shall include 
        the lumen output and wattage consumption for each lamp 
        type as an average of measurements taken over the 
        preceding 12-month period. With respect to lamp types 
        which are not manufactured during the 12-month period 
        preceding the date such standards become effective, 
        such report shall be filed with the Secretary not later 
        than the date which is 12 months after the date 
        manufacturing is commenced and shall include the lumen 
        output and wattage consumption for each such lamp type 
        as an average of measurements taken during such 12-
        month period.]
    (i) General Service Fluorescent Lamps, General Service 
Incandescent Lamps, Intermediate Base Incandescent Lamps, 
Candelabra Base Incandescent Lamps, and Incandescent Reflector 
Lamps.--
          (1) Energy efficiency standards.--
                  (A) In general.--Each of the following 
                general service fluorescent lamps, general 
                service incandescent lamps, intermediate base 
                incandescent lamps, candelabra base 
                incandescent lamps, and incandescent reflector 
                lamps manufactured after the effective date 
                specified in the tables listed in this 
                subparagraph shall meet or exceed the standards 
                established in the following tables:

                                                FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                            Minimum Average
            Lamp Type                Nominal Lamp         Minimum CRI        Lamp Efficacy      Effective Date
                                        Wattage                                  (LPW)        (Period of Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin............               >35W                  69                75.0                  36
                                                35W                  45                75.0                  36
2-foot U-shaped.................               >35W                  69                68.0                  36
                                                35W                  45                64.0                  36
8-foot slimline.................               >65W                  69                80.0                  18
                                                65W                  45                80.0                  18
8-foot high output..............             >100 W                  69                80.0                  18
                                              100 W                  45                80.0                  18
----------------------------------------------------------------------------------------------------------------


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


                                       GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                         Maximum Rated       Minimum Rated
                 Rated Lumen Ranges                         Wattage            Lifetime         Effective Date
----------------------------------------------------------------------------------------------------------------
1490-2600...........................................                 72           1,000 hrs            1/1/2012
1050 091489.........................................                 53           1,000 hrs            1/1/2013
750 091049..........................................                 43           1,000 hrs            1/1/2014
310 09749...........................................                 29           1,000 hrs            1/1/2014
----------------------------------------------------------------------------------------------------------------


                              MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                         Maximum Rated       Minimum Rated
                 Rated Lumen Ranges                         Wattage            Lifetime         Effective Date
----------------------------------------------------------------------------------------------------------------
1118 091950.........................................                 72           1,000 hrs            1/1/2012
788 091117..........................................                 53           1,000 hrs            1/1/2013
563 09787...........................................                 43           1,000 hrs            1/1/2014
232 09562...........................................                 29           1,000 hrs            1/1/2014
----------------------------------------------------------------------------------------------------------------

                  (B) Application.--
                          (i) Application criteria.--This 
                        subparagraph applies to each lamp 
                        that--
                                  (I) is intended for a general 
                                service or general illumination 
                                application (whether 
                                incandescent or not);
                                  (II) has a medium screw base 
                                or any other screw base not 
                                defined in ANSI C81.61-92006;
                                  (III) is capable of being 
                                operated at a voltage at least 
                                partially within the range of 
                                110 to 130 volts; and
                                  (IV) is manufactured or 
                                imported after December 31, 
                                2011.
                          (ii) Requirement.--For purposes of 
                        this paragraph, each lamp described in 
                        clause (i) shall have a color rendering 
                        index that is greater than or equal 
                        to----
                                  (I) 80 for nonmodified 
                                spectrum lamps; or
                                  (II) 75 for modified spectrum 
                                lamps.
                  (C) Candelabra incandescent lamps and 
                intermediate base incandescent lamps.--
                          (i) Candelabra base incandescent 
                        lamps.--Effective beginning January 1, 
                        2012, a candelabra base incandescent 
                        lamp shall not exceed 60 rated watts.
                          (ii) Intermediate base incandescent 
                        lamps.--Effective beginning January 1, 
                        2012, an intermediate base incandescent 
                        lamp shall not exceed 40 rated watts.
                  (D) Exemptions.--
                          (i) Statutory exemptions.--The 
                        standards specified in subparagraph (A) 
                        shall not apply to the following types 
                        of incandescent reflector lamps:
                                  (I) Lamps rated at 50 watts 
                                or less that are ER30, BR30, 
                                BR40, or ER40 lamps.
                                  (II) Lamps rated at 65 watts 
                                that are BR30, BR40, or ER40 
                                lamps.
                                  (III) R20 incandescent 
                                reflector lamps rated 45 watts 
                                or less.
                          (ii) Administrative exemptions.--
                                  (I) Petition.--Any person may 
                                petition the Secretary for an 
                                exemption for a type of general 
                                service lamp from the 
                                requirements of this 
                                subsection.
                                  (II) Criteria.--The Secretary 
                                may grant an exemption under 
                                subclause (I) only to the 
                                extent that the Secretary 
                                finds, after a hearing and 
                                opportunity for public comment, 
                                that it is not technically 
                                feasible to serve a specialized 
                                lighting application (such as a 
                                military, medical, public 
                                safety, or certified historic 
                                lighting application) using a 
                                lamp that meets the 
                                requirements of this 
                                subsection.
                                  (III) Additional criterion.--
                                To grant an exemption for a 
                                product under this clause, the 
                                Secretary shall include, as an 
                                additional criterion, that the 
                                exempted product is unlikely to 
                                be used in a general service 
                                lighting application.
                  (E) Extension of coverage.--
                          (i) Petition.--Any person may 
                        petition the Secretary to establish 
                        standards for lamp shapes or bases that 
                        are excluded from the definition of 
                        general service lamps.
                          (ii) Increased sales of exempted 
                        lamps.--The petition shall include 
                        evidence that the availability or sales 
                        of exempted incandescent lamps have 
                        increased significantly since the date 
                        on which the standards on general 
                        service incandescent lamps were 
                        established.
                          (iii) Criteria.--The Secretary shall 
                        grant a petition under clause (i) if 
                        the Secretary finds that--
                                  (I) the petition presents 
                                evidence that demonstrates that 
                                commercial availability or 
                                sales of exempted incandescent 
                                lamp types have increased 
                                significantly since the 
                                standards on general service 
                                lamps were established and 
                                likely are being widely used in 
                                general lighting applications; 
                                and
                                  (II) significant energy 
                                savings could be achieved by 
                                covering exempted products, as 
                                determined by the Secretary 
                                based in part on sales data 
                                provided to the Secretary from 
                                manufacturers and importers.
                          (iv) No presumption.--The grant of a 
                        petition under this subparagraph shall 
                        create no presumption with respect to 
                        the determination of the Secretary with 
                        respect to any criteria under a 
                        rulemaking conducted under this 
                        section.
                          (v) Expedited proceeding.--If the 
                        Secretary grants a petition for a lamp 
                        shape or base under this subparagraph, 
                        the Secretary shall--
                                  (I) conduct a rulemaking to 
                                determine standards for the 
                                exempted lamp shape or base; 
                                and
                                  (II) complete the rulemaking 
                                not later than 18 months after 
                                the date on which notice is 
                                provided granting the petition.
                  (F) Effective dates.--
                          (i) In general.--In this paragraph, 
                        except as otherwise provided in a table 
                        contained in subparagraph (A) or in 
                        clause (ii), the term `effective date' 
                        means the last day of the period of 
                        months specified in the table after 
                        October 24, 1992.
                          (ii) Special effective dates.--
                                  (I) Er, br, and bpar lamps.--
                                The standards specified in 
                                subparagraph (A) shall apply 
                                with respect to ER incandescent 
                                reflector lamps, BR 
                                incandescent reflector lamps, 
                                BPAR incandescent reflector 
                                lamps, and similar bulb shapes 
                                on and after January 1, 2008, 
                                or the date that is 180 days 
                                after the date of enactment of 
                                the Energy Independence and 
                                Security Act of 2007.
                                  (II) Lamps between 2.25-2.75 
                                inches in diameter.--The 
                                standards specified in 
                                subparagraph (A) shall apply 
                                with respect to incandescent 
                                reflector lamps with a diameter 
                                of more than 2.25 inches, but 
                                not more than 2.75 inches, on 
                                and after the later of January 
                                1, 2008, or the date that is 
                                180 days after the date of 
                                enactment of the Energy 
                                Independence and Security Act 
                                of 2007.
          (2) Compliance with existing law.--Notwithstanding 
        section 332(a)(5) and section 332(b), it shall not be 
        unlawful for a manufacturer to sell a lamp that is in 
        compliance with the law at the time the lamp was 
        manufactured.
          (3) Rulemaking before october 24, 1995.--
                  (A) In general.--Not later than 36 months 
                after October 24, 1992, the Secretary shall 
                initiate a rulemaking procedure and shall 
                publish a final rule not later than the end of 
                the 54-month period beginning on October 24, 
                1992, to determine whether the standards 
                established under paragraph (1) should be 
                amended.
                  (B) Administration.--The rule shall contain 
                the amendment, if any, and provide that the 
                amendment shall apply to products manufactured 
                on or after the 36-month period beginning on 
                the date on which the final rule is published.
          (4) Rulemaking before october 24, 2000.--
                  (A) In general.--Not later than 8 years after 
                October 24, 1992, the Secretary shall initiate 
                a rulemaking procedure and shall publish a 
                final rule not later than 9 years and 6 months 
                after October 24, 1992, to determine whether 
                the standards in effect for fluorescent lamps 
                and incandescent lamps should be amended.
                  (B) Administration.--The rule shall contain 
                the amendment, if any, and provide that the 
                amendment shall apply to products manufactured 
                on or after the 36-month period beginning on 
                the date on which the final rule is published.
        (5) Rulemaking for additional general service 
        fluorescent lamps.--
                  (A) In general.--Not later than the end of 
                the 24-month period beginning on the date 
                labeling requirements under section 
                324(a)(2)(C) become effective, the Secretary 
                shall--
                          (i) initiate a rulemaking procedure 
                        to determine whether the standards in 
                        effect for fluorescent lamps and 
                        incandescent lamps should be amended so 
                        that the standards would be applicable 
                        to additional general service 
                        fluorescent lamps; and
                          (ii) publish, not later than 18 
                        months after initiating the rulemaking, 
                        a final rule including the amended 
                        standards, if any.
                  (B) Administration.--The rule shall provide 
                that the amendment shall apply to products 
                manufactured after a date which is 36 months 
                after the date on which the rule is published.
          (6) Standards for general service lamps.-- 
                  (A) Rulemaking before january 1, 2014.--
                          (i) In general.--Not later than 
                        January 1, 2014, the Secretary shall 
                        initiate a rulemaking procedure to 
                        determine whether--
                                  (I) standards in effect for 
                                general service lamps should be 
                                amended; and
                                  (II) the exclusions for 
                                certain incandescent lamps 
                                should be maintained or 
                                discontinued based, in part, on 
                                excluded lamp sales collected 
                                by the Secretary from 
                                manufacturers.
                          (ii) Scope.--The rulemaking--
                                  (I) shall not be limited to 
                                incandescent lamp technologies; 
                                and
                                  (II) shall include 
                                consideration of a minimum 
                                standard of 45 lumens per watt 
                                for general service lamps.
                          (iii) Amended standards.--If the 
                        Secretary determines that the standards 
                        in effect for general service lamps 
                        should be amended, the Secretary shall 
                        publish a final rule not later than 
                        January 1, 2017, with an effective date 
                        that is not earlier than 3 years after 
                        the date on which the final rule is 
                        published.
                          (iv) Phased-in effective dates.--The 
                        Secretary shall consider phased-in 
                        effective dates under this subparagraph 
                        after considering--
                                  (I) the impact of any 
                                amendment on manufacturers, 
                                retiring and repurposing 
                                existing equipment, stranded 
                                investments, labor contracts, 
                                workers, and raw materials; and
                                  (II) the time needed to work 
                                with retailers and lighting 
                                designers to revise sales and 
                                marketing strategies.
                          (v) Backstop requirement.--If the 
                        Secretary fails to complete a 
                        rulemaking in accordance with clauses 
                        (i) through (iv) or if the final rule 
                        does not produce savings that are 
                        greater than or equal to the savings 
                        from a minimum efficacy standard of 45 
                        lumens per watt, effective beginning 
                        January 1, 2020, the Secretary shall 
                        prohibit the manufacture of any general 
                        service lamp that does not meet a 
                        minimum efficacy standard of 45 lumens 
                        per watt.
                          (vi) State preemption.--Neither 
                        section 327 nor any other provision of 
                        law shall preclude California or Nevada 
                        from adopting, effective beginning on 
                        or after January 1, 2018--
                                  (I) a final rule adopted by 
                                the Secretary in accordance 
                                with clauses (i) through (iv);
                                  (II) if a final rule 
                                described in subclause (I) has 
                                not been adopted, the backstop 
                                requirement under clause (v); 
                                or
                                  (III) in the case of 
                                California, if a final rule 
                                described in subclause (I) has 
                                not been adopted, any 
                                California regulations relating 
                                to these covered products 
                                adopted pursuant to State 
                                statute in effect on the date 
                                of enactment of the Energy 
                                Independence and Security Act 
                                of 2007.
                  (B) Rulemaking before january 1, 2020.--
                          (i) In general.--Not later than 
                        January 1, 2020, the Secretary shall 
                        initiate a rulemaking procedure to 
                        determine whether--
                                  (I) standards in effect for 
                                general service lamps should be 
                                amended; and
                                  (II) the exclusions for 
                                certain incandescent lamps 
                                should be maintained or 
                                discontinued based, in part, on 
                                excluded lamp sales data 
                                collected by the Secretary from 
                                manufacturers.
                          (ii) Scope.--The rulemaking shall not 
                        be limited to incandescent lamp 
                        technologies.
                          (iii) Amended standards.--If the 
                        Secretary determines that the standards 
                        in effect for general service lamps 
                        should be amended, the Secretary shall 
                        publish a final rule not later than 
                        January 1, 2022, with an effective date 
                        that is not earlier than 3 years after 
                        the date on which the final rule is 
                        published.
                          (iv) Phased-in effective dates.--The 
                        Secretary shall consider phased-in 
                        effective dates under this subparagraph 
                        after considering--
                                  (I) the impact of any 
                                amendment on manufacturers, 
                                retiring and repurposing 
                                existing equipment, stranded 
                                investments, labor contracts, 
                                workers, and raw materials; and
                                  (II) the time needed to work 
                                with retailers and lighting 
                                designers to revise sales and 
                                marketing strategies.
          (7) Federal actions.--
                  (A) Comments of secretary.--
                          (i) In general.--With respect to any 
                        lamp to which standards are applicable 
                        under this subsection or any lamp 
                        specified in section 346, the Secretary 
                        shall inform any Federal entity 
                        proposing actions that would adversely 
                        impact the energy consumption or energy 
                        efficiency of the lamp of the energy 
                        conservation consequences of the 
                        action.
                          (ii) Consideration.--The Federal 
                        entity shall carefully consider the 
                        comments of the Secretary.
                  (B) Amendment of standards.--Notwithstanding 
                section 325(n)(1), the Secretary shall not be 
                prohibited from amending any standard, by rule, 
                to permit increased energy use or to decrease 
                the minimum required energy efficiency of any 
                lamp to which standards are applicable under 
                this subsection if the action is warranted as a 
                result of other Federal action (including 
                restrictions on materials or processes) that 
                would have the effect of either increasing the 
                energy use or decreasing the energy efficiency 
                of the product.
          (8) Compliance.--
                  (A) In general.--Not later than the date on 
                which standards established pursuant to this 
                subsection become effective, or, with respect 
                to high-intensity discharge lamps covered under 
                section 346, the effective date of standards 
                established pursuant to that section, each 
                manufacturer of a product to which the 
                standards are applicable shall file with the 
                Secretary a laboratory report certifying 
                compliance with the applicable standard for 
                each lamp type.
                  (B) Contents.--The report shall include the 
                lumen output and wattage consumption for each 
                lamp type as an average of measurements taken 
                over the preceding 12-month period.
                  (C) Other lamp types.--With respect to lamp 
                types that are not manufactured during the 12-
                month period preceding the date on which the 
                standards become effective, the report shall--
                          (i) be filed with the Secretary not 
                        later than the date that is 12 months 
                        after the date on which manufacturing 
                        is commenced; and
                          (ii) include the lumen output and 
                        wattage consumption for each such lamp 
                        type as an average of measurements 
                        taken during the 12-month period.
          (9) Reflector lamps.--In conducting rulemakings for 
        reflector lamps after January 1, 2014, the Secretary 
        shall consider--
                  (A) incandescent and nonincandescent 
                technologies; and
                  (B) a new energy-related measure, other than 
                lumens per watt, that is based on the 
                photometric distribution of those lamps.

           *       *       *       *       *       *       *

    (j) Standards for Showerheads and Faucets.--

           *       *       *       *       *       *       *

    (l) Standards for Other Covered Products.--(1) The 
Secretary may prescribe an energy conservation standard for any 
type (or class) of covered products of a type specified in 
paragraph [(19)] (23) of section 322(a) if the requirements of 
subsections (o) and (p) are met and the Secretary determines 
that--
          (A) the average per household energy use within the 
        United States by products of such type (or class) 
        exceeded 150 kilowatt-hours (or its Btu equivalent) for 
        any 12-month period ending before such determination;

           *       *       *       *       *       *       *

    (2) Any new or amended standard for covered products of a 
type specified in paragraph [(19)] (23) of section 322(a) shall 
not apply to products manufactured within five years after the 
publication of a final rule establishing such standard.
    (3) The Secretary may, in accordance with subsections (o) 
and (p), prescribe an energy conservation standard for 
television sets. Any such standard may not become effective 
with respect to products manufactured before January 1, 1992.
    (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, 
        2,601-3,300 lumen general service incandescent lamps, 
        and shatter-resistant lamps [only] in accordance with 
        this paragraph.

           *       *       *       *       *       *       *

    (m) Amendment of Standards.--

           *       *       *       *       *       *       *

    (n) Petition for an Amended Standard.--(1) With respect to 
each covered product described in paragraphs (1) through (11), 
and in paragraphs (13) and (14) of section 322(a), any person 
may petition the Secretary to conduct a rulemaking to determine 
for a covered product if the standards contained either in the 
last final rule required under subsections (b) through (i) of 
this section or in a final rule published under this section 
should be amended.
    (2) The Secretary shall grant a petition if he finds that 
it contains evidence which, assuming no other evidence were 
considered, provides an adequate basis for amending the 
standards under the following criteria--
          (A) amended standards will result in significant 
        conservation of energy;
          (B) amended standards are technologically feasible; 
        and
          (C) amended standards are cost effective as described 
        in subsection (o)(2)(B)(i)(II).
The grant of a petition by the Secretary under this subsection 
creates no presumption with respect to the Secretary's 
determination of any of the criteria in a rulemaking under this 
section.
    (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.
    [(3)] (5) An amendment prescribed under this subsection 
shall apply to products manufactured after a date which is 5 
years after--
          (A) the effective date of the previous amendment 
        pursuant to this part; or
          (B) if the previous final rule published under this 
        part did not amend the standard, the earliest date by 
        which a previous amendment could have been in effect, 
        except that in no case may an amended standard apply to 
        products manufactured within 3 years (for 
        refrigerators, refrigerator-freezers, and freezers, 
        room air conditioners, dishwashers, clothes washers, 
        clothes dryers, fluorescent lamp ballasts, general 
        service fluorescent lamps, incandescent reflector 
        lamps, and kitchen ranges and ovens) or 5 years (for 
        central air conditioners and heat pumps, water heaters, 
        pool heaters, direct heating equipment and furnaces) 
        after publication of the final rule establishing a 
        standard.
    (o) Criteria for Prescribing New or Amended Standards.--(1) 
The Secretary may not prescribe any amended standard which 
increases the maximum allowable energy use, or, in the case of 
showerheads, faucets, water closets, or urinals, water use, or 
decreases the minimum required energy efficiency, of a covered 
product.

           *       *       *       *       *       *       *

    (r) Inclusion in Standards of Test Procedures and Other 
Requirements.--Any new or amended energy conservation standard 
prescribed under this section shall include, where applicable, 
test procedures prescribed in accordance with section 323 and 
may include any requirement which the Secretary determines is 
necessary to assure that each covered product to which such 
standard applies meets the required minimum level of energy 
efficiency or maximum quantity of energy use specified in such 
standard.

           *       *       *       *       *       *       *

    (u) Battery Charger and External Power Supply Electric 
Energy Consumption.--(1)(A) Not later than 18 months after the 
date of enactment of this subsection, the Secretary shall, 
after providing notice and an opportunity for comment, 
prescribe, by rule, definitions and test procedures for the 
power use of battery chargers and external power supplies.

           *       *       *       *       *       *       *

  [(7)] (4) End-use products.--An energy conservation standard 
for external power supplies shall not constitute an energy 
conservation standard for the separate end-use product to which 
the external power [supplies is] supply is connected.

           *       *       *       *       *       *       *

    (z) Traffic Signal Modules and Pedestrian Modules.--Any 
traffic signal module or pedestrian module manufactured on or 
after January 1, 2006, shall--
          (1) meet the performance requirements used under the 
        Energy Star program of the Environmental Protection 
        Agency for traffic signals, as in effect on the date of 
        enactment of this subsection; and
          (2) be installed with compatible, electrically 
        connected signal control interface devices and conflict 
        monitoring systems.
    (aa) Unit Heaters.--A unit heater manufactured on or after 
the date that is 3 years after the date of enactment of this 
subsection shall--
          (1) be equipped with an intermittent ignition device; 
        and
          (2) have power venting or an automatic flue damper.

           *       *       *       *       *       *       *

    (hh) Metal Halide Lamp Fixtures.--
          (1) Standards.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), metal halide lamp fixtures designed to 
                be operated with lamps rated greater than or 
                equal to 150 watts but less than or equal to 
                500 watts shall contain--
                        (i) a pulse-start metal halide ballast 
                        with a minimum ballast efficiency of 88 
                        percent;
    (ii) Bottle-Type Water Dispensers.--Effective beginning on 
the date that is 1 year after the date of enactment of the 
Implementation of National Consensus Appliance Agreements Act 
of 2011--
          (1) a bottle-type water dispenser shall not have 
        standby energy consumption that is greater than 1.2 
        kilowatt-hours per day; and
          (2) a compartment bottle-type water dispenser shall 
        not have standby energy consumption that is greater 
        than 1.3 kilowatt-hours per day.
    (jj) Commercial Hot Food Holding Cabinets.--Effective 
beginning on the date that is 1 year after the date of 
enactment of the Implementation of National Consensus Appliance 
Agreements Act of 2011, a commercial hot food holding cabinet 
shall have a maximum idle energy rate of 40 watts per cubic 
foot of interior volume.
    (kk) Portable Electric Spas.--Effective beginning on the 
date that is 1 year after the date of enactment of the 
Implementation of National Consensus Appliance Agreements Act 
of 2011, a portable electric spa shall not have a normalized 
standby power rate of greater than 5 (V2/3) Watts (in which 
``V'' equals the fill volume (in gallons)).
    (ll) Revisions.--
          (1) In general.--Not later than the date that is 3 
        years after the date of enactment of the Implementation 
        of National Consensus Appliance Agreements Act of 2011, 
        the Secretary shall--
                  (A) consider in accordance with subsection 
                (o) revisions to the standards established 
                under subsections (ii), (jj), and (kk); and
                  (B)(i) publish a final rule establishing the 
                revised standards; or
                  (ii) make a finding that no revisions are 
                technically feasible and economically 
                justified.
          (2) Effective date.--Any revised standards under this 
        subsection shall take effect not earlier than the date 
        that is 3 years after the date of the publication of 
        the final rule.
    [(ii)] (mm) GU-24 Base Lamps._
          (1) In general.--A GU-24 base lamp shall not be an 
        incandescent lamp as defined by ANSI.
          (2) GU-24 adaptors.--GU-24 adaptors shall not adapt a 
        GU-24 socket to any other line voltage socket.
    [(ii)] (nn) Application Date.--Section 327 applies--
          (1) to products for which energy conservation 
        standards are to be established under subsection (l), 
        (u), or (v) or section 324B beginning on the date on 
        which a final rule is issued by the Secretary, except 
        that any State or local standard prescribed or enacted 
        for the product before the date on which the final rule 
        is issued shall not be preempted until the energy 
        conservation standard established under subsection (l), 
        (u), or (v) or section 324B for the product takes 
        effect; and
          (2) to products for which energy conservation 
        standards are established under subsections (w) through 
        (hh) on the date of enactment of those subsections, 
        except that any State or local standard prescribed or 
        enacted before the date of enactment of those 
        subsections shall not be preempted until the energy 
        conservation standards established under subsections 
        (w) through [(hh)] (mm) take effect.

           *       *       *       *       *       *       *


                      REQUIRMENTS OF MANUFACTURERS

    Sec. 326. (a) In general.--

           *       *       *       *       *       *       *


                          EFFECT ON OTHER LAW

    Sec. 327. (a) Preemption of Testing and Labeling 
Requirements.--(1) Effective on the date of enactment of the 
National Appliance Energy Conservation Act of 1987, this part 
supersedes any State regulation insofar as such State 
regulation provides at any time for the disclosure of 
information with respect to any measure of energy consumption 
or water use of any covered product if--

           *       *       *       *       *       *       *

    (b) General Rule of Preemption for Energy Conservation 
Standards Before Federal Standard Becomes Effective for a 
Product.--Effective on the date of enactment of the National 
Appliance Energy Conservation Act of 1987 and ending on the 
effective date of an energy conservation standard established 
under section 325 for any covered product, no State regulation, 
or revision thereof, concerning the energy efficiency, energy 
use, or water use of the covered product shall be effective 
with respect to such covered product, unless the State 
regulation or revision--
          (1)(A) was prescribed or enacted before January 8, 
        1987, and is applicable to products before January 3, 
        1988, or in the case of any portion of any regulation 
        which establishes requirements for fluorescent lamp 
        ballasts, was prescribed or enacted before the date of 
        the enactment of the National Appliance Energy 
        Conservation Amendments of 1988, or in the case of any 
        portion of any regulation which establishes 
        requirements for fluorescent or incandescent lamps, 
        flow rate requirements for showerheads or faucets, or 
        water use requirements for water closets or urinals, 
        was prescribed or enacted before the date of the 
        enactment of the Energy Policy Act of 1992; or
          (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 
        by the State of California or Nevada before December 4, 
        2007, except that--
                  (i) the regulation adopted by the California 
                Energy Commission with an effective date of 
                January 1, 2008, 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) the States of California and Nevada may, 
                at any time, modify or adopt a State standard 
                for general service lamps to conform with 
                Federal standards with effective dates no 
                earlier than 12 months prior to the Federal 
                effective dates prescribed under subparagraphs 
                (A), (B), and (C) of section 325(i)(1), at 
                which time any prior regulations adopted by the 
                State of California or Nevada shall no longer 
                be effective; [and]
                  [(iii) all other States may, at any time, 
                modify or adopt a State standard for general 
                service lamps to conform with Federal standards 
                and effective dates.]
          (2) is a State procurement regulation described in 
        subsection (e);
          (3) is a regulation described in subsection (f)(1) or 
        is prescribed or enacted in a building code for new 
        construction described in subsection (f)(2);

           *       *       *       *       *       *       *

          (6) is a regulation effective on or after January 1, 
        1992, concerning the energy efficiency or energy use of 
        television sets; [or]
          (7) is a regulation (or portion thereof) concerning 
        the water efficiency or water use of low consumption 
        flushometer valve water closets[.]; or
          (8) is a regulation that--
                  (A) establishes efficiency standards for 
                bottle-type water dispensers, compartment 
                bottle-type water dispensers, commercial hot 
                food holding cabinets, or portable electric 
                spas; and
                  (B) is in effect on or before the date of 
                enactment of this paragraph.
    (c) General Rule of Preemption for Energy Conservation 
Standards When Federal Standard Becomes Effective for a 
Product.--Except as provided in section 325(b)(3)(A)(ii), 
subparagraphs (B) and (C) of section 325(j)(3), and 
subparagraphs (B) and (C) of section 325(k)(3) and effective on 
the effective date of an energy conservation standard 
established in or prescribed under section 325 for any covered 
product, no State regulation concerning the energy efficiency, 
energy use, or water use of such covered product shall be 
effective with respect to such product unless the regulation--
          (1) is a regulation described in paragraph (2) or (4) 
        of subsection (b), except that a State regulation (or 
        portion thereof) regulating fluorescent lamp ballasts 
        other than those to which paragraph (5) of section 
        325(g) is applicable shall be effective only until the 
        effective date of a standard that is prescribed by the 
        Secretary under paragraph (7) of such section and is 
        applicable to such ballasts, except that a State 
        regulation (or portion thereof) regulating fluorescent 
        or incandescent lamps other than those for which 
        section 325(i) is applicable shall be effective only 
        until the effective date of a standard that is 
        prescribed by the Secretary and is applicable to such 
        lamps;
          (2) is a regulation which has been granted a waiver 
        under subsection (d);
          (3) is in a building code for new construction 
        described in subsection (f)(3);
          (4) is a regulation concerning the water use of 
        lavatory faucets adopted by the State of New York or 
        the State of Georgia before the date of the enactment 
        of the Energy Policy Act of 1992;
          (5) is a regulation concerning the water use of 
        lavatory or kitchen faucets adopted by the State of 
        Rhode Island prior to the date of the enactment of the 
        Energy Policy Act of 1992;
          (6) is a regulation (or portion thereof) concerning 
        the water efficiency or water use of gravity tank-type 
        low consumption water closets for installation in 
        public places, except that such a regulation shall be 
        effective only until January 1, 1997; [or]
          (7)(A) is a regulation concerning standards for 
        commercial prerinse spray valves adopted by the 
        California Energy Commission before January 1, 2005; or
          (B) is an amendment to a regulation described in 
        subparagraph (A) that was developed to align California 
        regulations with changes in American Society for 
        Testing and Materials Standard F2324;
          (8)(A) is a regulation concerning standards for 
        pedestrian modules adopted by the California Energy 
        Commission before January 1, 2005; or
          (B) is an amendment to a regulation described in 
        subparagraph (A) that was developed to align California 
        regulations to changes in the Institute for 
        Transportation Engineers standards, entitled 
        ``Performance Specification: Pedestrian Traffic Control 
        Signal Indications''; [and]
          (9) is a regulation concerning metal halide lamp 
        fixtures adopted by the California Energy Commission on 
        or before January 1, 2011, [except that--
                  (A) if the Secretary] except that if the 
                Secretary fails to issue a final rule within 
                180 days after the deadlines for rulemakings in 
                section 325(hh), notwithstanding any other 
                provision of this section, preemption shall not 
                apply to a regulation concerning metal halide 
                lamp fixtures adopted by the California Energy 
                Commission--
                          [(i)] (A) on or before July 1, 2015, 
                        if the Secretary fails to meet the 
                        deadline specified in section 
                        325(hh)(2); or
                          [(ii)] (B) on or before July 1, 2022, 
                        if the Secretary fails to meet the 
                        deadline specified in section 
                        325(hh)(3)[.];
          (10) is a regulation that--
                  (A) establishes efficiency standards for 
                bottle-type water dispensers, compartment 
                bottle-type water dispensers, commercial hot 
                food holding cabinets, or portable electric 
                spas; and
                  (B) is adopted by the California Energy 
                Commission on or before January 1, 2013;
          (11) is a regulation for general service lamps that 
        conforms with Federal standards and effective dates; or
          (12) is an energy efficiency standard for general 
        service lamps enacted into law by the State of Nevada 
        prior to December 19, 2007, if the State has not 
        adopted the Federal standards and effective dates 
        pursuant to subsection (b)(1)(B)(ii).

           *       *       *       *       *       *       *

    (f) Exception for Certain Building Code Requirements.--(1) 
A regulation or other requirement enacted or prescribed before 
January 8, 1987, that is contained in a State or local building 
code for new construction concerning the energy efficiency or 
energy use of a covered product is not superseded by this part 
until the effective date of the energy conservation standard 
established in or prescribed under section 325 for such covered 
product.

           *       *       *       *       *       *       *

    (3) Effective on the effective date of an energy 
conservation standard for a covered product established in or 
prescribed under section 325, a regulation or other requirement 
contained in a State or local building code for new 
construction concerning the energy efficiency or energy use of 
such covered product is not superseded by this part if the code 
complies with all of the following requirements:
          (A) The code permits a builder to meet an energy 
        consumption or conservation objective for a building by 
        selecting items whose combined energy efficiencies meet 
        the objective.
           [(B) The code does not require that the covered 
        product have an energy efficiency exceeding the 
        applicable energy conservation standard established in 
        or prescribed under section 325, except that the 
        required efficiency may exceed such standard up to the 
        level required by a regulation of that State for which 
        the Secretary has issued a rule granting a waiver under 
        subsection (d).
          [(C) The credit to the energy consumption or 
        conservation objective allowed by the code for 
        installing covered products having energy efficiencies 
        exceeding such energy conservation standard established 
        in or prescribed under section 325 or the efficiency 
        level required in a State regulation referred to in 
        subparagraph (B) is on a one-for-one equivalent energy 
        use or equivalent cost basis.
          [(D) If the code uses one or more baseline building 
        designs against which all submitted building designs 
        are to be evaluated and such baseline building designs 
        contain a covered product subject to an energy 
        conservation standard established in or prescribed 
        under section 325, the baseline building designs are 
        based on the efficiency level for such covered product 
        which meets but does not exceed such standard or the 
        efficiency level required by a regulation of that State 
        for which the Secretary has issued a rule granting a 
        waiver under subsection (d).
          [(E) If the code sets forth one or more optional 
        combinations of items which meet the energy consumption 
        or conservation objective, for every combination which 
        includes a covered product the efficiency of which 
        exceeds either standard or level referred to in 
        subparagraph (D), there also shall be at least one 
        combination which includes such covered product the 
        efficiency of which does not exceed such standard or 
        level by more than 5 percent, except that at least one 
        combination shall include such covered product the 
        efficiency of which meets but does not exceed such 
        standard.
          [(F) The energy consumption or conservation objective 
        is specified in terms of an estimated total consumption 
        of energy (which may be calculated from energy loss- or 
        gain-based codes) utilizing an equivalent amount of 
        energy (which may be specified in units of energy or 
        its equivalent cost).]
          (B) The code does not contain a mandatory requirement 
        that, under all code compliance paths, requires that 
        the covered product have an energy efficiency exceeding 
        1 of the following levels:
                  (i) The applicable energy conservation 
                standard established in or prescribed under 
                section 325.
                  (ii) The level required by a regulation of 
                the State for which the Secretary has issued a 
                rule granting a waiver under subsection (d).
          (C) If the energy consumption or conservation 
        objective in the code is determined using covered 
        products, including any baseline building designs 
        against which all submitted building designs are to be 
        evaluated, the objective is based on the use of covered 
        products having efficiencies not exceeding--
                  (i) for residential furnaces, central air 
                conditioners, and heat pumps, effective not 
                earlier than January 1, 2013, and until such 
                time as a level takes effect for the product 
                under clause (ii)--
                          (I) for the States described in 
                        section 325(f)(5)(B)(i)--
                                  (aa) for gas furnaces, an 
                                AFUE level determined by the 
                                Secretary; and
                                  (bb) 14 SEER for central air 
                                conditioners (not including 
                                heat pumps);
                          (II) for the States and other 
                        localities described in section 
                        325(d)(4)(B)(i) (except for the States 
                        of Arizona, California, Nevada, and New 
                        Mexico)--
                                  (aa) for gas furnaces, an 
                                AFUE level determined by the 
                                Secretary; and
                                  (bb) 15 SEER for central air 
                                conditioners;
                          (III) for the States of Arizona, 
                        California, Nevada, and New Mexico--
                                  (aa) for gas furnaces, an 
                                AFUE level determined by the 
                                Secretary;
                                  (bb) 15 SEER for central air 
                                conditioners;
                                  (cc) an EER of 12.5 for air 
                                conditioners (not including 
                                heat pumps) with cooling 
                                capacity less than 45,000 Btu 
                                per hour; and
                                  (dd) an EER of 12.0 for air 
                                conditioners (not including 
                                heat pumps) with cooling 
                                capacity of 45,000 Btu per hour 
                                or more; and
                          (IV) for all States--
                                  (aa) 85 percent AFUE for oil 
                                furnaces; and
                                  (bb) 15 SEER and 8.5 HSPF for 
                                heat pumps;
                  (ii) the building code levels established 
                pursuant to section 325; or
                  (iii) the applicable standards or levels 
                specified in subparagraph (B).
          (D) The credit to the energy consumption or 
        conservation objective allowed by the code for 
        installing a covered product having an energy 
        efficiency exceeding the applicable standard or level 
        specified in subparagraph (C) is on a 1-for-1 
        equivalent energy use or equivalent energy cost basis, 
        which may take into account the typical lifetimes of 
        the products and building features, using lifetimes for 
        covered products based on information published by the 
        Department of Energy or the American Society of 
        Heating, Refrigerating and Air-Conditioning Engineers.
          (E) If the code sets forth 1 or more combinations of 
        items that meet the energy consumption or conservation 
        objective, and if 1 or more combinations specify an 
        efficiency level for a covered product that exceeds the 
        applicable standards and levels specified in 
        subparagraph (B)--
                  (i) there is at least 1 combination that 
                includes such covered products having 
                efficiencies not exceeding 1 of the standards 
                or levels specified in subparagraph (B); and
                  (ii) if 1 or more combinations of items 
                specify an efficiency level for a furnace, 
                central air conditioner, or heat pump that 
                exceeds the applicable standards and levels 
                specified in subparagraph (B), there is at 
                least 1 combination that the State has found to 
                be reasonably achievable using commercially 
                available technologies that includes such 
                products having efficiencies at the applicable 
                levels specified in subparagraph (C), except 
                that no combination need include a product 
                having an efficiency less than the level 
                specified in subparagraph (B)(ii).
          (F) The energy consumption or conservation objective 
        is specified in terms of an estimated total consumption 
        of energy (which may be specified in units of energy or 
        its equivalent cost).
          (G) The estimated energy use of any covered product 
        permitted or required in the code, or used in 
        calculating the objective, is determined using the 
        applicable test procedures prescribed under section 
        323, except that the State may permit the estimated 
        energy use calculation to be adjusted to reflect the 
        conditions of the areas where the code is being applied 
        if such adjustment is based on the use of the 
        applicable test procedures prescribed under section 323 
        or other technically accurate documented procedure.
    (4)(A) Subject to subparagraph (B), a State or local 
government is not required to submit a petition to the 
Secretary in order to enforce or apply its building code or to 
establish that the code meets the conditions set forth in this 
subsection.
    (B) If a building code contains a mandatory requirement 
that, under all code compliance paths, requires the 
installation of covered products with efficiencies exceeding 
both the applicable Federal standard established in or 
prescribed under section 325 and the applicable standard of 
such State, if any, that has been granted a waiver under 
subsection (d), such requirement of the building code shall not 
be applicable [unless the Secretary has granted a waiver for 
such requirement under subsection (d)].
    (5) Replacement of covered product.--Paragraph (3) shall 
not apply to the replacement of a covered product serving an 
existing building unless the replacement results in an increase 
in capacity greater than--
          (A) 12,000 Btu per hour for residential air 
        conditioners and heat pumps; or
          (B) 20 percent for other covered products.

           *       *       *       *       *       *       *


                            PROHIBITED ACTS

    Sec. 332. (a) In General.--It shall be unlawful--
          (1) [for any manufacturer or private labeler to 
        distribute] for any manufacturer (or representative of 
        a manufacturer), distributor, retailer, or private 
        labeler to offer for sale or distribute in commerce any 
        new covered product to which a rule under section 324 
        applies, unless such covered product is labeled in 
        accordance with such rule;

           *       *       *       *       *       *       *

          [(5) for any manufacturer or private labeler to 
        distribute in commerce any new covered product which is 
        not in conformity with an applicable energy 
        conservation standard established in or prescribed 
        under this part, except to the extent that the new 
        covered product is covered by a regional standard that 
        is more stringent than the base national standard; or]
          (5) for any manufacturer (or representative of a 
        manufacturer), distributor, retailer, or private 
        labeler--
                  (A) to offer for sale or distribute in 
                commerce any new covered product that is not in 
                conformity with an applicable energy 
                conservation standard established in or 
                prescribed under this part; or
                  (B) if the standard is a regional standard 
                that is more stringent than the base national 
                standard, to offer for sale or distribute in 
                commerce any new covered product having 
                knowledge (consistent with the definition of 
                ``knowingly'' in section 333(b)) that the 
                product will be installed at a location covered 
                by a regional standard established in or 
                prescribed under this part and will not be in 
                conformity with the standard;
          (6) for any manufacturer or private labeler to 
        knowingly sell a product to a distributor, contractor, 
        or dealer with knowledge that the entity routinely 
        violates any regional standard applicable to the 
        product[.];
          [(6)](7) [for any manufacturer, distributor, 
        retailer, or private labeler to distribute] for any 
        manufacturer (or representative of a manufacturer), 
        distributor, retailer, or private labeler to offer for 
        sale or 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) is capable of being operated at a voltage 
                range at least partially within 110 and 130 
                volts[.];
          (8) for any manufacturer or private labeler to 
        distribute in commerce any new covered product that has 
        not been properly certified in accordance with the 
        requirements established in or prescribed under this 
        part;
          (9) for any manufacturer or private labeler to 
        distribute in commerce any new covered product that has 
        not been properly tested in accordance with the 
        requirements established in or prescribed under this 
        part; and 
          (10) for any manufacturer or private labeler to 
        violate any regulation lawfully promulgated to 
        implement any provision of this part. 
    (b) Definition.--For purposes of this section, the term 
``new covered product'' means a covered product the title of 
which has not passed to a purchaser who buys such product for 
purposes other than (1) reselling such product, or (2) leasing 
such product for a period in excess of one year.

           *       *       *       *       *       *       *


                  PART C--CERTAIN INDUSTRIAL EQUIPMENT


                              DEFINITIONS

    Sec. 340. For purposes of this part--
          (1) The term ``covered equipment'' means one of the 
        following types of industrial equipment:
                  (A) Electric motors and pumps.
                  (B) Small commercial package air conditioning 
                and heating equipment.
                  (C) Large commercial package air conditioning 
                and heating equipment.
                  (D) Very large commercial package air 
                conditioning and heating equipment.
                  (E) Commercial refrigerators, freezers, and 
                refrigerator-freezers.
                  (F) Automatic commercial ice makers.
                  (G) Walk-in coolers and walk-in freezers.
                  (H) Commercial clothes washers.
                  (I) Packaged terminal air-conditioners and 
                packaged terminal heat pumps.
                  (J) Warm air furnaces and packaged boilers.
                  (K) Storage water heaters, instantaneous 
                water heaters, and unfired hot water storage 
                tanks.
                  (L) High light output double-ended quartz 
                halogen lamps. 
                  (M) General purpose mercury vapor lamps. 
                  [(L)] (O) Any other type of industrial 
                equipment which the Secretary classifies as 
                covered equipment under section 341(b).
          (2)(A) The term ``industrial equipment'' means any 
        article of equipment referred to in subparagraph (B) of 
        a type--
                  (i) which in operation consumes, or is 
                designed to consume, energy;
                  (ii) which, to any significant extent, is 
                distributed in commerce for industrial or 
                commercial use; and
                  (iii) which is not a ``covered product'' as 
                defined in section 321(a)(2), other than a 
                component of a covered product with respect to 
                which there is in effect a determination under 
                section 341(c);
without regard to whether such article is in fact distributed 
in commerce for industrial or commercial use.
          (B) The types of equipment referred to in this 
        subparagraph (in addition to electric motors and pumps, 
        commercial package air conditioning and heating 
        equipment, commercial refrigerators, freezers, and 
        refrigerator-freezers, automatic commercial ice makers, 
        commercial clothes washers, packaged terminal air-
        conditioners, packaged terminal heat pumps, warm air 
        furnaces, packaged boilers, storage water heaters, 
        instantaneous water heaters, [and] unfired hot water 
        storage tanks high light output double-ended quartz 
        halogen lamps, and general purpose mercury vapor lamps) 
        are as follows:
                  (i) compressors;
                  (ii) fans;
                  (iii) blowers;
                  (iv) refrigeration equipment;
                  (v) electric lights;
                  (vi) electrolytic equipment;
                  (vii) electric arc equipment;
                  (viii) steam boilers;
                  (ix) ovens;
                  (x) kilns;
                  (xi) evaporators; [and]
                  (xii) dryers[.]; and
                  (xiii) other motors. 
          (3) The term ``energy efficiency'' means the ratio of 
        the useful output of services from an article of 
        industrial equipment to the energy use by such article, 
        determined in accordance with test procedures under 
        section 343.

           *       *       *       *       *       *       *

          (12)(A) The term ``storage water heater'' means a 
        water heater that heats and stores water within the 
        appliance at a thermostatically controlled temperature 
        for delivery on demand. Such term does not include 
        units with an input rating of 4000 Btu per hour or more 
        per gallon of stored water.
          (B) The term ``instantaneous water heater'' means a 
        water heater that has an input rating of at least 4000 
        Btu per hour per gallon of stored water.
          (C) The term ``unfired hot water storage tank'' means 
        a tank used to store water that is heated externally.
          (13) Electric motor.--
                  [(A)] General purpose electric motor (subtype 
                I).--The term ``general purpose electric motor 
                (subtype I)'' means any motor that meets the 
                definition of ``General Purpose'' as 
                established in the final rule issued by the 
                Department of Energy entitled ``Energy 
                Efficiency Program for Certain Commercial and 
                Industrial Equipment: Test Procedures, 
                Labeling, and Certification Requirements for 
                Electric Motors'' (10 CFR 431), as in effect on 
                the date of enactment of the Energy 
                Independence and Security Act of 2007.
                  [(B)] General purpose electric motor (subtype 
                II).--The term ``general purpose electric motor 
                (subtype II)'' means motors incorporating the 
                design elements of a general purpose electric 
                motor (subtype I) that are configured as 1 of 
                the following:
                          [(i) A U-Frame Motor.
                          [(ii) A Design C Motor.
                          [(iii) A close-coupled pump motor.
                          [(iv) A Footless motor.
                          [(v) A vertical solid shaft normal 
                        thrust motor (as tested in a horizontal 
                        configuration).
                          [(vi) An 8-pole motor (900 rpm).
                          [(vii) A poly-phase motor with 
                        voltage of not more than 600 volts 
                        (other than 230 or 460 volts.]
                  (A) In general.--The term ``electric motor'' 
                means any of the following:
                          (i) A motor that is a general purpose 
                        T-frame, single-speed, foot-mounting, 
                        polyphase squirrel-cage induction motor 
                        of the National Electrical 
                        Manufacturers Association, Design A and 
                        B, continuous rated, operating on 230/
                        460 volts and constant 60 Hertz line 
                        power as defined in NEMA Standards 
                        Publication MG1-1987.
                          (ii) A motor incorporating the design 
                        elements described in clause (i), but 
                        is configured to incorporate 1 or more 
                        of the following variations:
                                  (I) U-frame motor.
                                  (II) NEMA Design C motor.
                                  (III) Close-coupled pump 
                                motor.
                                  (IV) Footless motor.
                                  (V) Vertical solid shaft 
                                normal thrust motor (as tested 
                                in a horizontal configuration).
                                  (VI) 8-pole motor.
                                  (VII) Poly-phase motor with a 
                                voltage rating of not more than 
                                600 volts (other than 230 volts 
                                or 460 volts, or both, or can 
                                be operated on 230 volts or 460 
                                volts, or both).
                  [(C)] (B) The term ``definite purpose motor'' 
                means any motor designed in standard ratings 
                with standard operating characteristics or 
                standard mechanical construction for use under 
                service conditions other than usual or for use 
                on a particular type of application and which 
                cannot be used in most general purpose 
                applications.
                  [(D)] (C) The term ``special purpose motor'' 
                means any motor, other than a general purpose 
                motor or definite purpose motor, which has 
                special operating characteristics or special 
                mechanical construction, or both, designed for 
                a particular application.
                  [(E)] (D) The term ``open motor'' means a 
                motor having ventilating openings which permit 
                passage of external cooling air over and around 
                the windings of the machine.
                  [(F)] (E) The term ``enclosed motor'' means a 
                motor so enclosed as to prevent the free 
                exchange of air between the inside and outside 
                of the case but not sufficiently enclosed to be 
                termed airtight.
                  [(G)] (F) The term ``small electric motor'' 
                means a NEMA general purpose alternating 
                current single-speed induction motor, built in 
                a two-digit frame number series in accordance 
                with NEMA Standards Publication MG1-1987.
                  [(H)] (G) The term ``efficiency'' when used 
                with respect to an electric motor means the 
                ratio of an electric motor's useful power 
                output to its total power input, expressed in 
                percentage.
                  [(I)] (H) The term ``nominal full load 
                efficiency'' means the average efficiency of a 
                population of motors of duplicate design as 
                determined in accordance with NEMA Standards 
                Publication MG1-1987.
          (14) The term ``ASHRAE'' means the American Society 
        of Heating, Refrigerating, and Air Conditioning 
        Engineers.

           *       *       *       *       *       *       *

          (22) The term ``harvest rate'' means the amount of 
        ice (at 32 degrees F) in pounds produced per 24 hours.
          [(22)] (23) Single package vertical air 
        conditioner.--The term ``single package vertical air 
        conditioner'' means air-cooled commercial package air 
        conditioning and heating equipment that--
                (A) is factory-assembled as a single package 
                that--
                          (i) has major components that are 
                        arranged vertically;
                          (ii) is an encased combination of 
                        cooling and optional heating 
                        components; and
                          (iii) is intended for exterior 
                        mounting on, adjacent interior to, or 
                        through an outside wall;
                  (B) is powered by a single- or 3-phase 
                current;
                  (C) may contain 1 or more separate indoor 
                grilles, outdoor louvers, various ventilation 
                options, indoor free air discharges, ductwork, 
                well plenum, or sleeves; and
                  (D) has heating components that may include 
                electrical resistance, steam, hot water, or 
                gas, but may not include reverse cycle 
                refrigeration as a heating means.
          [(23)] (24) Single package vertical heat pump.--The 
        term ``single package vertical heat pump'' means a 
        single package vertical air conditioner that--
                  (A) uses reverse cycle refrigeration as its 
                primary heat source; and
                  (B) may include secondary supplemental 
                heating by means of electrical resistance, 
                steam, hot water, or gas.
          (25) General purpose mercury vaporlamp.--The term 
        `general purpose mercury vapor lamp' means a mercury 
        vapor lamp (as defined in section 321) that--
                  (A) has a screw base;
                  (B) is designed for use in general lighting 
                applications (as defined in section 321);
                  (C) is not a specialty application mercury 
                vapor lamp; and
                  (D) is designed to operate on a mercury vapor 
                lamp ballast (as defined in section 321) or is 
                a self-ballasted lamp.
          (26) High light output double-ended quartz halogen 
        lamp.--The term `high light output double-ended quartz 
        halogen lamp' means a 25 lamp that--
                  (A) is designed for general outdoor lighting 
                purposes;
                  (B) contains a tungsten filament;
                  (C) has a rated initial lumen value of 
                greater than 6,000 and less than 40,000 lumens;
                  (D) has at each end a recessed single 
                contact, R7s base;
                  (E) has a maximum overall length (MOL) 
                between 4 and 11 inches;
                  (F) has a nominal diameter less than 3/4 inch 
                (T6);
                  (G) is designed to be operated at a voltage 
                not less than 110 volts and not greater than 
                200 volts or is designed to be operated at a 
                voltage between 235 volts and 300 volts;
                  (H) is not a tubular quartz infrared heat 
                lamp; and
                  (I) is not a lamp marked and marketed as a 
                Stage and Studio lamp with a rated life of 500 
                hours or less.
          (27) Specialty application mercury vapor lamp.--The 
        term `specialty application mercury vapor lamp' means a 
        mercury vapor lamp (as defined in section 321) that 
        is--
                  (A) designed only to operate on a specialty 
                application mercury vapor lamp ballast (as 
                defined in section 321); and
                  (B) is marked and marketed for specialty 
                applications only.
          (28) Tubular quartz infrared heat lamp.--The term 
        `tubular quartz infrared heat lamp' means a double-
        ended quartz halogen lamp that--
                  (A) is marked and marketed as an infrared 
                heat lamp; and
                  (B) radiates predominately in the infrared 
                radiation range and in which the visible 
                radiation is not of principle interest.

           *       *       *       *       *       *       *


                               STANDARDS

    Sec. 342. (a) Small, Large, and Very Large Commercial 
Package Air Conditioning and Heating Equipment, Packaged 
Terminal Air Conditioners and Heat Pumps, Warm-Air Furnaces, 
Packaged Boilers, Storage Water Heaters, Instantaneous Water 
Heaters, and Unfired Hot Water Storage Tanks.--(1) Each small 
commercial package air conditioning and heating equipment 
(including single package vertical air conditioners and single 
package vertical heat pumps) manufactured on or after January 
1, 1994, shall meet the following standard levels:

           *       *       *       *       *       *       *

          (6) Amended energy efficiency standards.--
                  (A) In general.--
                          (i) Analysis of potential energy 
                        savings.--If ASHRAE/IES Standard 90.1 
                        is amended with respect to any small 
                        commercial package air conditioning and 
                        heating equipment, large commercial 
                        package air conditioning and heating 
                        equipment, very large commercial 
                        package air conditioning and heating 
                        equipment, packaged terminal air 
                        conditioners, packaged terminal heat 
                        pumps, warm-air furnaces, packaged 
                        boilers, storage water heaters, 
                        instantaneous water heaters, or unfired 
                        hot water storage tanks, not later than 
                        180 days after the amendment of the 
                        standard, the Secretary shall publish 
                        in the Federal Register for public 
                        comment an analysis of the energy 
                        savings potential of amended energy 
                        efficiency standards.
                          (ii) Amended uniform national 
                        standard for products.--
                                  (I) In general.--Except as 
                                provided in subclause (II), not 
                                later than 18 months after the 
                                date of publication of the 
                                amendment to the ASHRAE/IES 
                                Standard 90.1 for a product 
                                described in clause (i), the 
                                Secretary shall establish an 
                                amended uniform national 
                                standard for the product at the 
                                minimum level specified in the 
                                amended ASHRAE/IES Standard 
                                90.1.
                                  (II) More stringent 
                                standard.--Subclause (I) shall 
                                not apply if the Secretary 
                                determines, by rule published 
                                in the Federal Register, and 
                                supported by clear and 
                                convincing evidence, that 
                                adoption of a uniform national 
                                standard more stringent than 
                                the amended ASHRAE/IES Standard 
                                90.1 for the product would 
                                result in significant 
                                additional conservation of 
                                energy and is technologically 
                                feasible and economically 
                                justified.
                  (B) Rule.-- [If the Secretary] (i) In 
                General.--If the Secretary makes a 
                determination described in [clause (ii)(II)] 
                subparagraph (A)(ii)(II) for a product 
                described in [clause (i)] subparagraph (A)(i), 
                not later than 30 months after the date of 
                publication of the amendment to the ASHRAE/IES 
                Standard 90.1 for the product, the Secretary 
                shall issue the rule establishing the amended 
                standard.
                  (ii) Factors.--In determining whether a 
                standard is economically justified for the 
                purposes of subparagraph (A)(ii)(II), the 
                Secretary shall, after receiving views and 
                comments furnished with respect to the proposed 
                standard, determine whether the benefits of the 
                standard exceed the burden of the proposed 
                standard by, to the maximum extent practicable, 
                considering--
                          (I) the economic impact of the 
                        standard on the manufacturers and on 
                        the consumers of the products subject 
                        to the standard;
                          (II) the savings in operating costs 
                        throughout the estimated average life 
                        of the product in the type (or class) 
                        compared to any increase in the price 
                        of, or in the initial charges for, or 
                        maintenance expenses of, the products 
                        that are likely to result from the 
                        imposition of the standard;
                          (III) the total projected quantity of 
                        energy savings likely to result 
                        directly from the imposition of the 
                        standard;
                          (IV) any lessening of the utility or 
                        the performance of the products likely 
                        to result from the imposition of the 
                        standard;
                          (V) the impact of any lessening of 
                        competition, as determined in writing 
                        by the Attorney General, that is likely 
                        to result from the imposition of the 
                        standard;
                          (VI) the need for national energy 
                        conservation; and (VII) other factors 
                        the Secretary considers relevant.
                  (iii) Administration.--
                          (I) Energy Use and Efficiency.--The 
                        Secretary may not prescribe any amended 
                        standard under this paragraph that 
                        increases the maximum allowable energy 
                        use, or decreases the minimum required 
                        energy efficiency, of a covered 
                        product.
                          (II) Unavailability.--
                                  (aa) In general.--The 
                                Secretary may not prescribe an 
                                amended standard under this 
                                subparagraph if the Secretary 
                                finds (and publishes the 
                                finding) that interested 
                                persons have established by a 
                                preponderance of the evidence 
                                that a standard is likely to 
                                result in the unavailability in 
                                the United States in any 
                                product type (or class) of 
                                performance characteristics 
                                (including reliability, 
                                features, sizes, capacities, 
                                and volumes) that are 
                                substantially the same as those 
                                generally available in the 
                                United States at the time of 
                                the finding of the Secretary.
                                  (bb) Other types or 
                                classes.--The failure of some 
                                types (or classes) to meet the 
                                criterion established under 
                                this subclause shall not affect 
                                the determination of the 
                                Secretary on whether to 
                                prescribe a standard for the 
                                other types or classes.''; and
                  [(iii) Consideration of prices and operating 
                patterns.--If the Secretary is considering 
                revised standards for air-cooled 3-phase 
                central air conditioners and central air 
                conditioning heat pumps with less 65,000 Btu 
                per hour (cooling capacity), the Secretary 
                shall use commercial energy prices and 
                operating patterns in all analyses conducted by 
                the Secretary.]
                  (C) Amendment of standard.--
                          (i) In general.--Not later than 6 
                        years after issuance of any final rule 
                        establishing or amending a standard, as 
                        required for a product under this part, 
                        the Secretary shall publish--
                          (iv) Application to products.--[An 
                        amendment prescribed under this 
                        subsection] Notwithstanding 
                        subparagraph (D), an amendment 
                        described under this subparagraph shall 
                        apply to products manufactured after a 
                        date that is the later of--
                                  (I) the date that is 3 years 
                                after publication of the final 
                                rule establishing a new 
                                standard; or
                                  (II) the date that is 6 years 
                                after the effective date of the 
                                current standard for a covered 
                                product.
                          (v) Reports.--The Secretary shall 
                        promptly 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 progress report every 180 days 
                        on compliance with this subparagraph, 
                        including a specific plan to remedy any 
                        failures to comply with deadlines for 
                        action established under this 
                        subparagraph.
                          (vi) Consideration of Prices and 
                        Operating Patterns.--If the Secretary 
                        is considering revised standards for 
                        air-cooled 3-phase central air 
                        conditioners and central air 
                        conditioning heat pumps with less 
                        65,000 Btu per hour (cooling capacity), 
                        the Secretary shall use commercial 
                        energy prices and operating patterns in 
                        all analyses conducted by the 
                        Secretary.

           *       *       *       *       *       *       *

          (10) Single package vertical air conditioners and 
        single package vertical heat pumps.-- 
                  (A) In general.--Single package vertical air 
                conditioners and single package vertical heat 
                pumps manufactured on or after January 1, 2010, 
                shall meet the following standards:
                          (i) The minimum energy efficiency 
                        ratio of single package vertical air 
                        conditioners less than 65,000 Btu per 
                        hour (cooling capacity), single-phase, 
                        shall be 9.0.
                          (ii) The minimum energy efficiency 
                        ratio of single package vertical air 
                        conditioners less than 65,000 Btu per 
                        hour (cooling capacity), 3-phase, shall 
                        be 9.0.
                          (iii) The minimum energy efficiency 
                        ratio of single package vertical air 
                        conditioners at or above 65,000 Btu per 
                        hour (cooling capacity) but less than 
                        135,000 Btu per hour (cooling 
                        capacity), shall be 8.9.
                          (iv) The minimum energy efficiency 
                        ratio of single package vertical air 
                        conditioners at or above 135,000 Btu 
                        per hour (cooling capacity) but less 
                        than 240,000 Btu per hour (cooling 
                        capacity), shall be 8.6.
                          (v) The minimum energy efficiency 
                        ratio of single package vertical heat 
                        pumps less than 65,000 Btu per hour 
                        (cooling capacity), single-phase, shall 
                        be 9.0 and the minimum coefficient of 
                        performance in the heating mode shall 
                        be 3.0.
                          (vi) The minimum energy efficiency 
                        ratio of single package vertical heat 
                        pumps less than 65,000 Btu per hour 
                        (cooling capacity), 3-phase, shall be 
                        9.0 and the minimum coefficient of 
                        performance in the heating mode shall 
                        be 3.0.
                          (vii) The minimum energy efficiency 
                        ratio of single package vertical heat 
                        pumps at or above 65,000 Btu per hour 
                        (cooling capacity) but less than 
                        135,000 Btu per hour (cooling 
                        capacity), shall be 8.9 and the minimum 
                        coefficient of performance in the 
                        heating mode shall be 3.0.
                          (viii) The minimum energy efficiency 
                        ratio of single package vertical heat 
                        pumps at or above 135,000 Btu per hour 
                        (cooling capacity) but less than 
                        240,000 Btu per hour (cooling 
                        capacity), shall be 8.6 and the minimum 
                        coefficient of performance in the 
                        heating mode shall be 2.9.
                  (B) Review.--Not later than 3 years after the 
                date of enactment of this paragraph, the 
                Secretary shall review the most recently 
                published ASHRAE/IES Standard 90.1 with respect 
                to single package vertical air conditioners and 
                single package vertical heat pumps in 
                accordance with the procedures established 
                under paragraph (6).
          (11) Warm air furnaces with an input rating of 
        225,000 Btu per hour or more and manufactured on or 
        after the date that is 1 year after the date of 
        enactment of this paragraph shall meet the following 
        standard levels:
                  ``(A) Gas-fired units shall--
                          ``(i) have a minimum thermal 
                        efficiency of 80 percent;
                          ``(ii) include an interrupted or 
                        intermittent ignition device;
                          ``(iii) have jacket losses not 
                        exceeding 0.75 percent of the input 
                        rating; and
                          ``(iv) have power venting or a flue 
                        damper.
                  ``(B) Oil-fired units shall have--
                          ``(i) a minimum thermal efficiency of 
                        81 percent;
                          ``(ii) jacket losses not exceeding 
                        0.75 percent of the input rating; and
                          ``(iii) power venting or a flue 
                        damper.

           *       *       *       *       *       *       *

    (b) Electric Motors.--(1) Except for definite purpose 
motors, special purpose motors, and those motors exempted by 
the Secretary under [paragraph (2)] paragraph (3), each 
electric motor manufactured (alone or as a component of another 
piece of equipment) after the 60-month period beginning on the 
date of the enactment of this subsection, or in the case of an 
electric motor which requires listing or certification by a 
nationally recognized safety testing laboratory, after the 84-
month period beginning on such date, shall have a nominal full 
load efficiency of not less than the following:

           *       *       *       *       *       *       *

    (2) Standards Effective Beginning December 19, 2010.--
          (A) In general.--Except for definite purpose motors, 
        special purpose motors, and those motors exempted by 
        the Secretary under paragraph (3) and except as 
        provided for in subparagraphs (B), (C), and (D), each 
        electric motor manufactured with power ratings from 1 
        to 200 horsepower (alone or as a component of another 
        piece of equipment) on or after December 19, 2010, 
        shall have a nominal full load efficiency of not less 
        than the nominal full load efficiency described in NEMA 
        MG-1 (2006) Table 12-12.
          (B) Fire pump electric motors.--Except for those 
        motors exempted by the Secretary under paragraph (3), 
        each fire pump electric motor manufactured with power 
        ratings from 1 to 200 horsepower (alone or as a 
        component of another piece of equipment) on or after 
        December 19, 2010, shall have a nominal full load 
        efficiency that is not less than the nominal full load 
        efficiency described in NEMA MG-1 (2006) Table 12-11.
          (C) Nema design b electric motors.--Except for those 
        motors exempted by the Secretary under paragraph (3), 
        each NEMA Design B electric motor with power ratings of 
        more than 200 horsepower, but not greater than 500 
        horsepower, manufactured (alone or as a component of 
        another piece of equipment) on or after December 19, 
        2010, shall have a nominal full load efficiency of not 
        less than the nominal full load efficiency described in 
        NEMA MG-1 (2006) Table 12-11.
          (D) Motors incorporating certain design elements.--
        Except for those motors exempted by the Secretary under 
        paragraph (3), each electric motor described in section 
        340(13)(A)(ii) manufactured with power ratings from 1 
        to 200 horsepower (alone or as a component of another 
        piece of equipment) on or after December 19, 2010, 
        shall have a nominal full load efficiency of not less 
        than the nominal full load efficiency described in NEMA 
        MG-1 (2006) Table 12-11.
    [(2)] (3) (A) The Secretary may, by rule, provide that the 
standards specified in [paragraph (1)] paragraphs (1) and (2) 
shall not apply to certain types or classes of electric motors 
if--
          (i) compliance with such standards would not result 
        in significant energy savings because such motors 
        cannot be used in most general purpose applications or 
        are very unlikely to be used in most general purpose 
        applications; and
          (ii) standards for such motors would not be 
        technologically feasible or economically justified.
    (B) Not later than one year after the date of the enactment 
of this subsection, a manufacturer seeking an exemption under 
this paragraph with respect to a type or class of electric 
motor developed on or before the date of the enactment of such 
subsection shall submit a petition to the Secretary requesting 
such exemption. Such petition shall include evidence that the 
type or class of motor meets the criteria for exemption 
specified in subparagraph (A).
    (C) Not later than two years after the date of the 
enactment of this subsection, the Secretary shall rule on each 
petition for exemption submitted pursuant to subparagraph (B). 
In making such ruling, the Secretary shall afford an 
opportunity for public comment.
    (D) Manufacturers of types or classes of motors developed 
after the date of the enactment of this subsection to which 
standards under [paragraph (1)] paragraphs (1) and (2) would be 
applicable may petition the Secretary for exemptions from 
compliance with such standards based on the criteria specified 
in subparagraph (A).
    [(3)] (4)(A) The Secretary shall publish a final rule no 
later than the end of the 24-month period beginning on the 
effective date of the standards established under paragraph (1) 
to determine if such standards should be amended. Such rule 
shall provide that any amendment shall apply to electric motors 
manufactured on or after a date which is five years after the 
effective date of the standards established under paragraph 
(1).
    (B) The Secretary shall publish a final rule no later than 
24 months after the effective date of the previous final rule 
to determine whether to amend the standards in effect for such 
product. Any such amendment shall apply to electric motors 
manufactured after a date which is five years after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standards, the earliest date by which a previous 
        amendment could have been effective.
    (c) Commercial Refrigerators, Freezers, and Refrigerator-
Freezers.--(1) In this subsection:
          (A) The term ``AV'' means the adjusted volume (ft3) 
        (defined as 1.63  frozen temperature 
        compartment volume (ft3) + chilled temperature 
        compartment volume (ft3)) with compartment volumes 
        measured in accordance with the Association of Home 
        Appliance Manufacturers Standard HRF1-1979.
          (B) The term ``V'' means the chilled or frozen 
        compartment volume (ft3) (as defined in the Association 
        of Home Appliance Manufacturers Standard HRF1-1979).
          (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.'';
          [(C)] (E) Other terms have such meanings as may be 
        established by the Secretary, based on industry-
        accepted definitions and practice.
    (2) Each commercial refrigerator, freezer, and 
refrigerator-freezer with a self-contained condensing unit 
designed for holding temperature applications manufactured on 
or after January 1, 2010, shall have a daily energy consumption 
(in kilowatt hours per day) that does not exceed the following:

------------------------------------------------------------------------------------------------------------------------------------------------
Refrigerators with solid doors.           0.10V                   +2.045
Refrigerators with transparent            0.12V                   +3.345
 doors.........................
Freezers with solid doors......           0.40V                   +1.385
Freezers with transparent doors           0.75V                   +4.105
Refrigerators/freezers with              0.27AV            -0.71 or 0.70
 solid doors the greater of....
------------------------------------------------------------------------

    (3) Each commercial refrigerator with a self-contained 
condensing unit designed for pull-down temperature applications 
and transparent doors manufactured on or after January 1, 2010, 
shall have a daily energy consumption (in kilowatt hours per 
day) of not more than 0.126 V + 3.51.
    (4) Each SOC-SC-M manufactured on or after January 1, 2012, 
shall have a total daily energy consumption (in kilowatt hours 
per day) of not more than 0.6  TDA + 1.0. 
    [(4)] (5)(A) Not later than January 1, 2009, the Secretary 
shall issue, by rule, standard levels for ice-cream freezers, 
self-contained commercial refrigerators, freezers, and 
refrigerator-freezers without doors, and remote condensing 
commercial refrigerators, freezers, and refrigerator-freezers, 
with the standard levels effective for equipment manufactured 
on or after January 1, 2012.
    (B) The Secretary may issue, by rule, standard levels for 
other types of commercial refrigerators, freezers, and 
refrigerator-freezers not covered by paragraph (2)(A) with the 
standard levels effective for equipment manufactured 3 or more 
years after the date on which the final rule is published.
    [(5)] (6)(A) Not later than January 1, 2013, the Secretary 
shall issue a final rule to determine whether the standards 
established under this subsection should be amended.
    (B) Not later than 3 years after the effective date of any 
amended standards under subparagraph (A) or the publication of 
a final rule determining that the standards should not be 
amended, the Secretary shall issue a final rule to determine 
whether the standards established under this subsection or the 
amended standards, as applicable, should be amended.
    (C) If the Secretary issues a final rule under subparagraph 
(A) or (B) establishing amended standards, the final rule shall 
provide that the amended standards 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.
    (d) Automatic Commercial Ice Makers.--

           *       *       *       *       *       *       *

    (g) High Light Output Double-Ended Quartzhalogen Lamps.--A 
high light output double-ended quartz halogen lamp manufactured 
on or after January 1, 2016, shall have a minimum efficiency 
of--
          (1) 27 LPW for lamps with a minimum rated initial 
        lumen value greater than 6,000 and a maximum initial 
        lumen value of 15,000; and
          (2) 34 LPW for lamps with a rated initial lumen value 
        greater than 15,000 and less than 40,000.
    (h) General Purpose Mercury Vapor Lamps.--A general purpose 
mercury vapor lamp shall not be manufactured on or after 
January 1, 2016.

           *       *       *       *       *       *       *


                            TEST PROCEDURES

    Sec. 343. (a) Prescription by Secretary; Requirements.--
          [(1) Test procedures.--
                  [(A) Amendment.--At least once every 7 years, 
                the Secretary shall conduct an evaluation of 
                each class of covered equipment and--
                          [(i) if the Secretary determines that 
                        amended test procedures would more 
                        accurately or fully comply with the 
                        requirements of paragraphs (2) and (3), 
                        shall prescribe test procedures for the 
                        class in accordance with this section; 
                        or
                          [(ii) shall publish notice in the 
                        Federal Register of any determination 
                        not to amend a test procedure.]
        (1) Amendment and petition process.--
                  (A) In general.--At least once every 7 years, 
                the Secretary shall review test procedures for 
                all covered equipment and--
                          (i) publish in the Federal Register 
                        amended test procedures with respect to 
                        any covered equipment, if the Secretary 
                        determines that amended test procedures 
                        would more accurately or fully comply 
                        with paragraphs (2) and (3); or
                          (ii) publish notice in the Federal 
                        Register of any determination not to 
                        amend a test procedure.
                  (B) Petitions.-- 
                          (i) In general.--In the case of any 
                        class or category of covered equipment, 
                        any person may petition the Secretary 
                        to conduct a rulemaking--
                                  (I) to prescribe a test 
                                procedure for the covered 
                                equipment; or
                                  (II) to amend the test 
                                procedures applicable to the 
                                covered equipment to more 
                                accurately or fully comply with 
                                paragraphs (2) and (3).
                          (ii) Determination.--The Secretary 
                        shall--
                                  (I) not later than 90 days 
                                after the date of receipt of 
                                the petition, publish the 
                                petition in the Federal 
                                Register; and
                                  (II) not later than 180 days 
                                after the date of receipt of 
                                the petition, grant or deny the 
                                petition.
                          (iii) Basis.--The Secretary shall 
                        grant a petition if the Secretary finds 
                        that the petition contains evidence 
                        that, assuming no other evidence was 
                        considered, provides an adequate basis 
                        for determining that an amended test 
                        method would more accurately promote 
                        energy or water use efficiency.
                          (iv) Effect on other requirements.--
                        The granting of a petition by the 
                        Secretary under this paragraph shall 
                        create no presumption with respect to 
                        the determination of the Secretary that 
                        the proposed test procedure meets the 
                        requirements of paragraphs (2) and (3).
                          (v) Rulemaking.--
                                  (I) In general.--Except as 
                                provided in subclause (II), not 
                                later than the end of the 18-
                                month period beginning on the 
                                date of granting a petition, 
                                the Secretary shall publish an 
                                amended test method or a 
                                determination not to amend the 
                                test method.
                                  (II) Extension.--The 
                                Secretary may extend the period 
                                described in subclause (I) for 
                                1 additional year.
                                  (III) Direct final rule.--The 
                                Secretary may adopt a consensus 
                                test procedure in accordance 
                                with the direct final rule 
                                procedure established under 
                                section 325(p).

           *       *       *       *       *       *       *

          (4)(A) With respect to small commercial package air 
        conditioning and heating equipment, large commercial 
        package air conditioning and heating equipment, very 
        large commercial package air conditioning and heating 
        equipment, packaged terminal air conditioners, packaged 
        terminal heat pumps, warm-air furnaces, packaged 
        boilers, storage water heaters, instantaneous water 
        heaters, and unfired hot water storage tanks to which 
        standards are applicable under section 342, the test 
        procedures shall be those generally accepted industry 
        testing procedures or rating procedures developed or 
        recognized by the [Air-Conditioning and Refrigeration 
        Institute] Air-Conditioning, Heating, and Refrigeration 
        Institute, or by the American Society of Heating, 
        Refrigerating and Air Conditioning Engineers, as 
        referenced in ASHRAE/IES Standard 90.1 and in effect on 
        June 30, 1992.

           *       *       *       *       *       *       *

          (7)(A) In the case of automatic commercial ice 
        makers, the test procedures shall be the test 
        procedures specified in [Air-Conditioning and 
        Refrigeration Institute] Air-Conditioning, Heating, and 
        Refrigeration Institute Standard 810-2003, as in effect 
        on January 1, 2005.
          (B)(i) If [Air-Conditioning and Refrigeration 
        Institute] Air-Conditioning, Heating, and Refrigeration 
        Institute Standard 810-2003 is amended, the Secretary 
        shall amend the test procedures established in 
        subparagraph (A) as necessary to be consistent with the 
        amended [Air-Conditioning and Refrigeration Institute] 
        Air-Conditioning, Heating, and Refrigeration Institute 
        Standard, unless the Secretary determines, by rule, 
        published in the Federal Register and supported by 
        clear and convincing evidence, that to do so would not 
        meet the requirements for test procedures under 
        paragraphs (2) and (3).
          (ii) If the Secretary issues a rule under clause (i) 
        containing a determination described in clause (ii), 
        the rule may establish an amended test procedure for 
        the product that meets the requirements of paragraphs 
        (2) and (3).
          (C) The Secretary shall comply with section 323(e) in 
        establishing any amended test procedure under this 
        paragraph.
          (8) With respect to commercial clothes washers, the 
        test procedures shall be the same as the test 
        procedures established by the Secretary for residential 
        clothes washers under section 325(g).
          (9) Walk-in coolers and walk-in freezers.--
                  (A) In general.--For the purpose of test 
                procedures for walk-in coolers and walk-in 
                freezers:
                          (i) The R value shall be the 1/K 
                        factor multiplied by the thickness of 
                        the panel.
                          (ii) The K factor shall be based on 
                        ASTM test procedure C518-2004.
                          (iii) For calculating the R value for 
                        freezers, the K factor of the foam at 
                        20F (average foam temperature) shall be 
                        used.
                          (iv) For calculating the R value for 
                        coolers, the K factor of the foam at 
                        55F (average foam temperature) shall be 
                        used.
                  (B) Test procedure.--
                          (i) In general.--Not later than 
                        January 1, 2010, the Secretary shall 
                        establish a test procedure to measure 
                        the energy-use of walk-in coolers and 
                        walk-in freezers.
                          (ii) Computer modeling.--The test 
                        procedure may be based on computer 
                        modeling, if the computer model or 
                        models have been verified using the 
                        results of laboratory tests on a 
                        significant sample of walk-in coolers 
                        and walk-in freezers.
    (b) Before prescribing any final test procedures under this 
section, the Secretary shall--
          (1) publish proposed test procedures in the Federal 
        Register; and
          (2) afford interested persons an opportunity (of not 
        less than 45 days' duration) to present oral and 
        written data, views, and arguments on the proposed test 
        procedures.
    [(c)(1) The Secretary shall, not later than 3 years after 
the date of prescribing a test procedure under this section 
(and from time to time thereafter), conduct a reevaluation of 
such procedure and, on the basis of such reevaluation, shall 
determine if such test procedure should be amended. In 
conducting such reevaluation, the Secretary shall take into 
account such information as he deems relevant, including 
technological developments relating to the energy efficiency of 
the type (or class) of covered equipment involved.
    [(2) If the Secretary determines under paragraph (1) that a 
test procedure should be amended, he shall promptly publish in 
the Federal Register proposed test procedures incorporating 
such amendments and afford interested persons an opportunity to 
present oral and written data, views, and arguments. Such 
comment period shall not be less than 45 days' duration.]
    [(d)](c)(1) Effective 180 days (or, in the case of small 
commercial package air conditioning and heating equipment, 
large commercial package air conditioning and heating 
equipment, very large commercial package air conditioning and 
heating equipment, commercial refrigerators, freezers, and 
refrigerator-freezers, automatic commercial ice makers, 
commercial clothes washers, packaged terminal air conditioners, 
packaged terminal heat pumps, warm-air furnaces, packaged 
boilers, storage water heaters, instantaneous water heaters, 
and unfired hot water storage tanks, 360 days) after a test 
procedure rule applicable to any covered equipment is 
prescribed under this section, no manufacturer, distributor, 
retailer, or private labeler may make any representation--
          (A) in writing (including any representation on a 
        label), or
          (B) in any broadcast advertisement,
respecting the energy consumption of such equipment or cost of 
energy consumed by such equipment, unless such equipment has 
been tested in accordance with such test procedure and such 
representation fairly discloses the results of such testing.
    (2) On the petition of any manufacturer, distributor, 
retailer, or private labeler, filed not later than the 60th day 
before the expiration of the period involved, the 180-day 
period referred to in paragraph (1) may be extended by the 
Secretary with respect to the petitioner (but in no event for 
more than an additional 180 days) if he finds that the 
requirements of paragraph (1) would impose on such petitioner 
an undue hardship (as determined by the Secretary). [(e)] (d) 
The Secretary may direct the National Bureau of Standards to 
provide such assistance as the Secretary deems necessary to 
carry out his responsibilities under this part, including the 
development of test procedures.

           *       *       *       *       *       *       *


         ADMINISTRATION, PENALTIES, ENFORCEMENT AND PREEMPTION

    Sec. 345. (a) [The] Except as otherwise provided in this 
section, the provisions of section 326 (a), (b), and (d), the 
provisions of subsections (l) through (s) of section 325, and 
section 327 through 336 shall apply with respect to this part 
(other than the equipment specified in [subparagraphs (B) 
through (G)] subparagraphs (B), (C), (D), (I), (J), and (K) of 
section 340(1)) to the same extent and in the same manner as 
they apply in part B. In applying such provisions for the 
purposes of this part--
          (1) references to sections 323, 324, and 325 shall be 
        considered as references to sections 343, 344, and 342, 
        respectively;
          (2) references to ``this part'' shall be treated as 
        referring to part C;
          (3) the term ``equipment'' shall be substituted for 
        the term ``product'';
          (4) the term ``Secretary'' shall be substituted for 
        ``Commission'' each place it appears (other than in 
        section 333(c));
          (5) section 327(a) shall be applied, in the case of 
        electric motors, as if the National Appliance Energy 
        Conservation Act of 1987 was the Energy Policy Act of 
        1992;
          (6) section 327(b)(1) shall be applied as if electric 
        motors were fluorescent lamp ballasts and as if the 
        National Appliance Energy Conservation Amendments of 
        1988 were the Energy Policy Act of 1992;
          (7) section 327(b)(4) shall be applied as if electric 
        motors were fluorescent lamp ballasts and as if 
        paragraph (5) of section 325(g) were section 342;
          (8) notwithstanding any other provision of law, a 
        regulation or other requirement adopted by a State or 
        subdivision of a State contained in a State or local 
        building code for new construction concerning the 
        energy efficiency or energy use of an electric motor 
        covered under this part is not superseded by the 
        standards for such electric motor established or 
        prescribed under section 342(b) if such regulation or 
        requirement is identical to the standards established 
        or prescribed under such section; [and]
          (9) in the case of commercial clothes washers, 
        section 327(b)(1) shall be applied as if the National 
        Appliance Energy Conservation Act of 1987 was the 
        Energy Policy Act of 2005[.]; and
          (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.
    (b)(1) The provisions of section 325(p)(5), section 326(a), 
(b), and (d), section 327(a), and sections 328 through 336 
shall apply with respect to the equipment specified in 
[subparagraphs (B) through (G)] subparagraphs (B), (C), (D), 
(I), (J), and (K) of section 340(1) to the same extent and in 
the same manner as they apply in [part A] part B. In applying 
such provisions for the purposes of such equipment, paragraphs 
(1), (2), (3), and (4) of subsection (a) shall apply.
    (2)(A) A standard prescribed or established under section 
342(a) shall, beginning on the effective date of such standard, 
supersede any State or local regulation concerning the energy 
efficiency or energy use of a product for which a standard is 
prescribed or established pursuant to such section.
    (B) Notwithstanding subparagraph (A), a standard prescribed 
or established under section 342(a) shall not supersede a 
standard for such a product contained in a State or local 
building code for new construction if--
    (i) the standard in the building code does not require that 
the energy efficiency of such product exceed the applicable 
minimum energy efficiency requirement in amended ASHRAE/IES 
Standard 90.1; and
    (ii) the standard in the building code does not take effect 
prior to the effective date of the applicable minimum energy 
efficiency requirement in amended ASHRAE/IES Standard 90.1.
    (C) Notwithstanding subparagraph (A), a standard prescribed 
or established under section 342(a) shall not supersede the 
standards established by the State of California set forth in 
Table C-6, California Code of Regulations, Title 24, Part 2, 
Chapter 2-53, for water-source heat pumps below 135,000 Btu per 
hour (cooling capacity) that become effective on January 1, 
1993.
    (D) Notwithstanding subparagraph (A), a standard prescribed 
or established under section 342(a) shall not supersede a State 
regulation which has been granted a waiver by the Secretary. 
The Secretary may grant a waiver pursuant to the terms, 
conditions, criteria, procedures, and other requirements 
specified in section 327(d) of this Act.
    (c) With respect to any electric motor to which standards 
are applicable under section 342(b), the Secretary shall 
require manufacturers to certify, through an independent 
testing or certification program nationally recognized in the 
United States, that such motor meets the applicable standard.
    (d)(1) Except as provided in paragraphs (2) and (3), 
section 327 shall apply with respect to very large commercial 
package air conditioning and heating equipment to the same 
extent and in the same manner as section 327 applies under 
[part A] part B on the date of enactment of this subsection.
    (2) Any State or local standard issued before the date of 
enactment of this subsection shall not be preempted until the 
standards established under section 342(a)(9) take effect on 
January 1, 2010.
    (e)(1)(A) Subsections (a), (b), and (d) of section 326, 
subsections (m) through (s) of section 325, and sections 328 
through 336 shall apply with respect to commercial 
refrigerators, freezers, and refrigerator-freezers to the same 
extent and in the same manner as those provisions apply under 
[part A] part B.
    (B) In applying those provisions to commercial 
refrigerators, freezers, and refrigerator-freezers, paragraphs 
(1), (2), (3), and (4) of subsection (a) shall apply.
    (2)(A) Section 327 shall apply to commercial refrigerators, 
freezers, and refrigerator-freezers for which standards are 
established under paragraphs (2) and (3) of section 342(c) to 
the same extent and in the same manner as those provisions 
apply under [part A] part B on the date of enactment of this 
subsection, except that any State or local standard issued 
before the date of enactment of this subsection shall not be 
preempted until the standards established under paragraphs (2) 
and (3) of section 342(c) take effect.
    (B) In applying section 327 in accordance with subparagraph 
(A), paragraphs (1), (2), and (3) of subsection (a) shall 
apply.
    (3)(A) Section 327 shall apply to commercial refrigerators, 
freezers, and refrigerator-freezers for which standards are 
established under section 342(c)(4) to the same extent and in 
the same manner as the provisions apply under [part A] part B 
on the date of publication of the final rule by the Secretary, 
except that any State or local standard issued before the date 
of publication of the final rule by the Secretary shall not be 
preempted until the standards take effect.
    (B) In applying section 327 in accordance with subparagraph 
(A), paragraphs (1), (2), and (3) of subsection (a) shall 
apply.
    (4)(A) If the Secretary does not issue a final rule for a 
specific type of commercial refrigerator, freezer, or 
refrigerator-freezer within the time frame specified in section 
342(c)(5), subsections (b) and (c) of section 327 shall not 
apply to that specific type of refrigerator, freezer, or 
refrigerator-freezer for the period beginning on the date that 
is 2 years after the scheduled date for a final rule and ending 
on the date on which the Secretary publishes a final rule 
covering the specific type of refrigerator, freezer, or 
refrigerator-freezer.
    (B) Any State or local standard issued before the date of 
publication of the final rule shall not be preempted until the 
final rule takes effect.
    (5)(A) In the case of any commercial refrigerator, freezer, 
or refrigerator-freezer to which standards are applicable under 
paragraphs (2) and (3) of section 342(c), the Secretary shall 
require manufacturers to certify, through an independent, 
nationally recognized testing or certification program, that 
the commercial refrigerator, freezer, or refrigerator-freezer 
meets the applicable standard.
    (B) The Secretary shall, to the maximum extent practicable, 
encourage the establishment of at least 2 independent testing 
and certification programs.
    (C) As part of certification, information on equipment 
energy use and interior volume shall be made available to the 
Secretary.
    (f)(1)(A)(i) Except as provided in clause (ii), section 327 
shall apply to automatic commercial ice makers for which 
standards have been established under section 342(d)(1) to the 
same extent and in the same manner as the section applies under 
[part A] part B on the date of enactment of this subsection.
    (ii) Any State standard issued before the date of enactment 
of this subsection shall not be preempted until the standards 
established under section 342(d)(1) take effect.
    (B) In applying section 327 to the equipment under 
subparagraph (A), paragraphs (1), (2), and (3) of subsection 
(a) shall apply.
    (2)(A)(i) Except as provided in clause (ii), section 327 
shall apply to automatic commercial ice makers for which 
standards have been established under section 342(d)(2) to the 
same extent and in the same manner as the section applies under 
[part A] part B on the date of publication of the final rule by 
the Secretary.
    (ii) Any State standard issued before the date of 
publication of the final rule by the Secretary shall not be 
preempted until the standards established under section 
342(d)(2) take effect.
    (B) In applying section 327 in accordance with subparagraph 
(A), paragraphs (1), (2), and (3) of subsection (a) shall 
apply.
    (3)(A) If the Secretary does not issue a final rule for a 
specific type of automatic commercial ice maker within the time 
frame specified in section 342(d), subsections (b) and (c) of 
section 327 shall no longer apply to the specific type of 
automatic commercial ice maker for the period beginning on the 
day after the scheduled date for a final rule and ending on the 
date on which the Secretary publishes a final rule covering the 
specific type of automatic commercial ice maker.
    (B) Any State standard issued before the publication of the 
final rule shall not be preempted until the standards 
established in the final rule take effect.
    (4)(A) The Secretary shall monitor whether manufacturers 
are reducing harvest rates below tested values for the purpose 
of bringing non-complying equipment into compliance.
    (B) If the Secretary finds that there has been a 
substantial amount of manipulation with respect to harvest 
rates under subparagraph (A), the Secretary shall take steps to 
minimize the manipulation, such as requiring harvest rates to 
be within 5 percent of tested values.
    (g)(1)(A) If the Secretary does not issue a final rule for 
commercial clothes washers within the timeframe specified in 
section 342(e)(2), subsections (b) and (c) of section 327 shall 
not apply to commercial clothes washers for the period 
beginning on the day after the scheduled date for a final rule 
and ending on the date on which the Secretary publishes a final 
rule covering commercial clothes washers.
    (B) Any State or local standard issued before the date on 
which the Secretary publishes a final rule shall not be 
preempted until the standards established under section 
342(e)(2) take effect.
    (2) The Secretary shall undertake an educational program to 
inform owners of laundromats, multifamily housing, and other 
sites where commercial clothes washers are located about the 
new standard, including impacts on washer purchase costs and 
options for recovering those costs through coin collection.
    (h) Walk-In Coolers and Walk-In Freezers.--
        (1) Covered types.--
                  (A) Relationship to other law.--
                          (i) In general.--Except as otherwise 
                        provided in this subsection, section 
                        327 shall apply to walk-in coolers and 
                        walk-in freezers for which standards 
                        have been established under paragraphs 
                        (1), (2), and (3) of section 342(f) to 
                        the same extent and in the same manner 
                        as the section applies under [part A] 
                        part B on the date of enactment of this 
                        subsection.
                          (ii) State standards.--Any State 
                        standard prescribed before the date of 
                        enactment of this subsection shall not 
                        be preempted until the standards 
                        established under paragraphs (1) and 
                        (2) of section 342(f) take effect.
                  (B) Administration.--In applying section 327 
                to equipment under subparagraph (A), paragraphs 
                (1), (2), and (3) of subsection (a) shall 
                apply.
          (2) Final rule not timely.--
                  (A) In general.--If the Secretary does not 
                issue a final rule for a specific type of walk-
                in cooler or walk-in freezer within the 
                timeframe established under paragraph (4) or 
                (5) of section 342(f), subsections (b) and (c) 
                of section 327 shall no longer apply to the 
                specific type of walk-in cooler or walk-in 
                freezer during the period--
                          (i) beginning on the day after the 
                        scheduled date for a final rule; and
                          (ii) ending on the date on which the 
                        Secretary publishes a final rule 
                        covering the specific type of walk-in 
                        cooler or walk-in freezer.
                  (B) State standards.--Any State standard 
                issued before the publication of the final rule 
                shall not be preempted until the standards 
                established in the final rule take effect.
          (3) California.--Any standard issued in the State of 
        California before January 1, 2011, under title 20 of 
        the California Code of Regulations, that refers to 
        walk-in coolers and walk-in freezers, for which 
        standards have been established under paragraphs (1), 
        (2), and (3) of section 342(f), shall not be preempted 
        until the standards established under [section 
        342(f)(3)] section 342(f)(4) take effect.

           *       *       *       *       *       *       *

    (i) High Light Output Double-Ended Quartz Halogen Lamps.--
          (1) In general.--Except as provided in paragraph (2), 
        section 327 shall apply to high light output double-
        ended quartz halogen lamps to the same extent and in 
        the same manner as described in section 325(nn)(1).
          (2) State energy conservation standards.--Any State 
        energy conservation standard that is adopted on or 
        before January 1, 2015, pursuant to a statutory 
        requirement to adopt efficiency standard for reducing 
        outdoor lighting energy use enacted prior to January 
        31, 2008, shall not be preempted.

   ENERGY CONSERVATION STANDARDS FOR HIGH-INTENSITY DISCHARGE LAMPS, 
          DISTRIBUTION TRANSFORMERS, AND SMALL ELECTRIC MOTORS

    Sec. 346. (a)(1) The Secretary shall, within 30 months 
after the date of the enactment of the Energy Policy Act of 
1992, prescribe testing requirements for those high-intensity 
discharge lamps and distribution transformers for which the 
Secretary makes a determination that energy conservation 
standards would be technologically feasible and economically 
justified, and would result in significant energy savings.

           *       *       *       *       *       *       *


ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

           *       *       *       *       *       *       *


TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND 
                                LIGHTING

                Subtitle A--Appliance Energy Efficiency

SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS

    (a) Definitions.--Section 321 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291) is amended--

           *       *       *       *       *       *       *


SEC. 302. UPDATING APPLIANCE TEST PROCEDURES

    (a) Consumer Appliances.--Section 323(b)(1) of the Energy 
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended 
by striking ``(1)'' and all that follows through the end of the 
paragraph and inserting the following:
          ``(1) Test procedures.-- 
                  ``(A) Amendment.--At least once every 7 
                years, the Secretary shall review test 
                procedures for all covered products and--
                          ``(i) amend test procedures with 
                        respect to any covered product, if the 
                        Secretary determines that amended test 
                        procedures would more accurately or 
                        fully comply with the requirements of 
                        paragraph (3); or
                          ``(ii) publish notice in the Federal 
                        Register of any determination not to 
                        amend a test procedure.''.
    (b) Industrial Equipment.--Section 343(a) of the Energy 
Policy and Conservation Act (42 U.S.C. [6313(a)] 6314(a)) is 
amended by striking ``(a)'' and all that follows through the 
end of paragraph (1) and inserting the following:

           *       *       *       *       *       *       *


[SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.

    [(a) Definitions.--Section 340(13) of the Energy Policy and 
Conservation Act (42 U.S.C. 6311(13)) is amended--
          [(1) by redesignating subparagraphs (B) through (H) 
        as subparagraphs (C) through (I), respectively; and
          [(2) by striking ``(13)(A)'' and all that follows 
        through the end of subparagraph (A) and inserting the 
        following:
          [``(13) Electric motor.--
                  [``(A) General purpose electric motor 
                (subtype i).--The term `general purpose 
                electric motor (subtype I)' means any motor 
                that meets the definition of `General Purpose' 
                as established in the final rule issued by the 
                Department of Energy entitled `Energy 
                Efficiency Program for Certain Commercial and 
                Industrial Equipment: Test Procedures, 
                Labeling, and Certification Requirements for 
                Electric Motors' (10 CFR 431), as in effect on 
                the date of enactment of the Energy 
                Independence and Security Act of 2007.
                  [``(B) General purpose electric motor 
                (subtype ii).--The term `general purpose 
                electric motor (subtype II)' means motors 
                incorporating the design elements of a general 
                purpose electric motor (subtype I) that are 
                configured as 1 of the following:
                          [``(i) A U-Frame Motor.
                          [``(ii) A Design C Motor.
                          [``(iii) A close-coupled pump motor.
                          [``(iv) A Footless motor.
                          [``(v) A vertical solid shaft normal 
                        thrust motor (as tested in a horizontal 
                        configuration).
                          [``(vi) An 8-pole motor (900 rpm).
                          [``(vii) A poly-phase motor with 
                        voltage of not more than 600 volts 
                        (other than 230 or 460 volts).''.
    [(b) Standards.--
          [(1) Amendments.--Section 342(b) of the Energy Policy 
        and Conservation Act (42 U.S.C. 6313(b)) is amended--
                  [(A) by redesignating paragraphs (2) and (3) 
                as paragraphs (3) and (4), respectively; and
                  [(B) by inserting after paragraph (1) the 
                following:
          [``(2) Electric motors.--
                  [``(A) General purpose electric motors 
                (subtype i).--Except as provided in 
                subparagraph (B), each general purpose electric 
                motor (subtype I) with a power rating of 1 
                horsepower or greater, but not greater than 200 
                horsepower, manufactured (alone or as a 
                component of another piece of equipment) after 
                the 3-year period beginning on the date of 
                enactment of the Energy Independence and 
                Security Act of 2007, shall have a nominal full 
                load efficiency that is not less than as 
                defined in NEMA MG-1 (2006) Table 12-12.
                  [``(B) Fire pump motors.--Each fire pump 
                motor manufactured (alone or as a component of 
                another piece of equipment) after the 3-year 
                period beginning on the date of enactment of 
                the Energy Independence and Security Act of 
                2007 shall have nominal full load efficiency 
                that is not less than as defined in NEMA MG-1 
                (2006) Table 12-11.
                  [``(C) General purpose electric motors 
                (subtype ii).--Each general purpose electric 
                motor (subtype II) with a power rating of 1 
                horsepower or greater, but not greater than 200 
                horsepower, manufactured (alone or as a 
                component of another piece of equipment) after 
                the 3-year period beginning on the date of 
                enactment of the Energy Independence and 
                Security Act of 2007, shall have a nominal full 
                load efficiency that is not less than as 
                defined in NEMA MG-1 (2006) Table 12-11.
                  [``(D) NEMA design b, general purpose 
                electric motors.--Each NEMA Design B, general 
                purpose electric motor with a power rating of 
                more than 200 horsepower, but not greater than 
                500 horsepower, manufactured (alone or as a 
                component of another piece of equipment) after 
                the 3-year period beginning on the date of 
                enactment of the Energy Independence and 
                Security Act of 2007, shall have a nominal full 
                load efficiency that is not less than as 
                defined in NEMA MG-1 (2006) Table 12-11.''.
          [(2) Effective date.--The amendments made by 
        paragraph (1) take effect on the date that is 3 years 
        after the date of enactment of this Act.]

           *       *       *       *       *       *       *


SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.

    (a) Definitions.--Section 321 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291) (as amended by section 
316(c)(1)(D)) is amended--

           *       *       *       *       *       *       *

    (b) Standards for Fluorescent Lamps and Incandescent 
Reflector Lamps.--Section 325(i) of the Energy Policy and 
Conservation Act (42 U.S.C. [6995(i)] 6295(i)) is amended by 
striking paragraph (1) and inserting the following:
          ``(1) Standards.--

           *       *       *       *       *       *       *


SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS.

    (a) In General.--Section 324(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294(a)) (as amended by section 
324(d)) is amended--
    (b) Content of Label.--Section 324(c) of the Energy Policy 
and Conservation Act (42 U.S.C. [6924(c)] 6294(c)) is amended 
by adding at the end the following:

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