[House Report 114-142]
[From the U.S. Government Publishing Office]


114th Congress    }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                       {     114-142

======================================================================



 
   TO MODIFY THE EFFICIENCY STANDARDS FOR GRID-ENABLED WATER HEATERS

                                _______
                                

  June 9, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 906]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 906) to modify the efficiency standards for 
grid-enabled water heaters, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     4
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Statement of General Performance Goals and Objectives............     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     5
Committee Cost Estimate..........................................     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     6
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
      Strike all after the enacting clause and insert the 
following:

SECTION 1. GRID-ENABLED WATER HEATERS.

  Part B of title III of the Energy Policy and Conservation Act (42 
U.S.C. 6291 et seq.) is amended--
          (1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the 
        end the following:
          ``(6) Additional standards for grid-enabled water heaters.--
                  ``(A) Definitions.--In this paragraph:
                          ``(i) Activation lock.--The term `activation 
                        lock' means a control mechanism (either a 
                        physical device directly on the water heater or 
                        a control system integrated into the water 
                        heater) that is locked by default and contains 
                        a physical, software, or digital communication 
                        that must be activated with an activation key 
                        to enable the product to operate at its 
                        designed specifications and capabilities and 
                        without which activation the product will 
                        provide not greater than 50 percent of the 
                        rated first hour delivery of hot water 
                        certified by the manufacturer.
                          ``(ii) Grid-enabled water heater.--The term 
                        `grid-enabled water heater' means an electric 
                        resistance water heater that--
                                  ``(I) has a rated storage tank volume 
                                of more than 75 gallons;
                                  ``(II) is manufactured on or after 
                                April 16, 2015;
                                  ``(III) has--
                                          ``(aa) an energy factor of 
                                        not less than 1.061 minus the 
                                        product obtained by 
                                        multiplying--
                                                  ``(AA) the rated 
                                                storage volume of the 
                                                tank, expressed in 
                                                gallons; and
                                                  ``(BB) 0.00168; or
                                          ``(bb) an equivalent 
                                        alternative standard prescribed 
                                        by the Secretary and developed 
                                        pursuant to paragraph (5)(E);
                                  ``(IV) is equipped at the point of 
                                manufacture with an activation lock; 
                                and
                                  ``(V) bears a permanent label applied 
                                by the manufacturer that--
                                          ``(aa) is made of material 
                                        not adversely affected by 
                                        water;
                                          ``(bb) is attached by means 
                                        of non-water-soluble adhesive; 
                                        and
                                          ``(cc) advises purchasers and 
                                        end-users of the intended and 
                                        appropriate use of the product 
                                        with the following notice 
                                        printed in 16.5 point Arial 
                                        Narrow Bold font:
```IMPORTANT INFORMATION: This water heater is intended only for use as 
part of an electric thermal storage or demand response program. It will 
not provide adequate hot water unless enrolled in such a program and 
activated by your utility company or another program operator. Confirm 
the availability of a program in your local area before purchasing or 
installing this product.'.
                  ``(B) Requirement.--The manufacturer or private 
                labeler shall provide the activation key for a grid-
                enabled water heater only to a utility or other company 
                that operates an electric thermal storage or demand 
                response program that uses such a grid-enabled water 
                heater.
                  ``(C) Reports.--
                          ``(i) Manufacturers.--The Secretary shall 
                        require each manufacturer of grid-enabled water 
                        heaters to report to the Secretary annually the 
                        quantity of grid-enabled water heaters that the 
                        manufacturer ships each year.
                          ``(ii) Operators.--The Secretary shall 
                        require utilities and other demand response and 
                        thermal storage program operators to report 
                        annually the quantity of grid-enabled water 
                        heaters activated for their programs using 
                        forms of the Energy Information Agency or using 
                        such other mechanism that the Secretary 
                        determines appropriate after an opportunity for 
                        notice and comment.
                          ``(iii) Confidentiality requirements.--The 
                        Secretary shall treat shipment data reported by 
                        manufacturers as confidential business 
                        information.
                  ``(D) Publication of information.--
                          ``(i) In general.--In 2017 and 2019, the 
                        Secretary shall publish an analysis of the data 
                        collected under subparagraph (C) to assess the 
                        extent to which shipped products are put into 
                        use in demand response and thermal storage 
                        programs.
                          ``(ii) Prevention of product diversion.--If 
                        the Secretary determines that sales of grid-
                        enabled water heaters exceed by 15 percent or 
                        greater the quantity of such products activated 
                        for use in demand response and thermal storage 
                        programs annually, the Secretary shall, after 
                        opportunity for notice and comment, establish 
                        procedures to prevent product diversion for 
                        non-program purposes.
                  ``(E) Compliance.--
                          ``(i) In general.--Subparagraphs (A) through 
                        (D) shall remain in effect until the Secretary 
                        determines under this section that--
                                  ``(I) grid-enabled water heaters do 
                                not require a separate efficiency 
                                requirement; or
                                  ``(II) sales of grid-enabled water 
                                heaters exceed by 15 percent or greater 
                                the quantity of such products activated 
                                for use in demand response and thermal 
                                storage programs annually and 
                                procedures to prevent product diversion 
                                for non-program purposes would not be 
                                adequate to prevent such product 
                                diversion.
                          ``(ii) Effective date.--If the Secretary 
                        exercises the authority described in clause (i) 
                        or amends the efficiency requirement for grid-
                        enabled water heaters, that action will take 
                        effect on the date described in subsection 
                        (m)(4)(A)(ii).
                          ``(iii) Consideration.--In carrying out this 
                        section with respect to electric water heaters, 
                        the Secretary shall consider the impact on 
                        thermal storage and demand response programs, 
                        including any impact on energy savings, 
                        electric bills, peak load reduction, electric 
                        reliability, integration of renewable 
                        resources, and the environment.
                          ``(iv) Requirements.--In carrying out this 
                        paragraph, the Secretary shall require that 
                        grid-enabled water heaters be equipped with 
                        communication capability to enable the grid-
                        enabled water heaters to participate in 
                        ancillary services programs if the Secretary 
                        determines that the technology is available, 
                        practical, and cost-effective.'';
          (2) in section 332(a) (42 U.S.C. 6302(a))--
                  (A) in paragraph (5), by striking ``or'' at the end;
                  (B) in the first paragraph (6), by striking the 
                period at the end and inserting a semicolon;
                  (C) by redesignating the second paragraph (6) as 
                paragraph (7);
                  (D) in subparagraph (B) of paragraph (7) (as so 
                redesignated), by striking the period at the end and 
                inserting ``; or''; and
                  (E) by adding at the end the following:
          ``(8) for any person to--
                  ``(A) activate an activation lock for a grid-enabled 
                water heater with knowledge that such water heater is 
                not used as part of an electric thermal storage or 
                demand response program;
                  ``(B) distribute an activation key for a grid-enabled 
                water heater with knowledge that such activation key 
                will be used to activate a grid-enabled water heater 
                that is not used as part of an electric thermal storage 
                or demand response program;
                  ``(C) otherwise enable a grid-enabled water heater to 
                operate at its designed specification and capabilities 
                with knowledge that such water heater is not used as 
                part of an electric thermal storage or demand response 
                program; or
                  ``(D) knowingly remove or render illegible the label 
                of a grid-enabled water heater described in section 
                325(e)(6)(A)(ii)(V).'';
          (3) in section 333(a) (42 U.S.C. 6303(a))--
                  (A) by striking ``section 332(a)(5)'' and inserting 
                ``paragraph (5), (6), (7), or (8) of section 332(a)''; 
                and
                  (B) by striking ``paragraph (1), (2), or (5) of 
                section 332(a)'' and inserting ``paragraph (1), (2), 
                (5), (6), (7), or (8) of section 332(a)''; and
          (4) in section 334 (42 U.S.C. 6304)--
                  (A) by striking ``section 332(a)(5)'' and inserting 
                ``paragraph (5), (6), (7), or (8) of section 332(a)''; 
                and
                  (B) by striking ``section 332(a)(6)'' and inserting 
                ``section 332(a)(7)''.

                          Purpose and Summary

    H.R. 906, to modify the efficiency standards for grid-
enabled water heaters was introduced by Rep. Ed Whitfield (R-
KY) on February 11, 2015. The legislation amends the Energy and 
Policy Conservation Act to permit the continued manufacture of 
electric resistance water heaters above seventy-five gallons 
for use in thermal energy storage and demand response programs. 
To prevent water heaters produced for this purpose from being 
diverted to unauthorized use, the legislation requires a 
specified label, an activation key to be used by the utility 
operating a demand response program, and annual reporting 
requirements for manufacturers and utilities.

                  Background and Need for Legislation

    On March 22, 2010, the U.S. Department of Energy (DOE) 
issued a new energy efficiency standard, pursuant to the Energy 
Policy and Conservation Act, requiring nearly 200 percent 
efficiency for large capacity electric resistance water 
heaters. This standard applies to water heaters manufactured 
starting in April 2015. The new standard would, in effect, 
prohibit the manufacture of electric resistance water heaters 
of fifty-five gallons or larger capacity in favor of heat pump 
technology for water heaters of fifty-five gallons or larger 
capacity. Such heat pump water heaters are not compatible with 
certain utility thermal energy storage and demand response 
programs (i.e., programs that enable customers to reduce or 
shift their power use during peak demand periods).

                                Hearings

    The Subcommittee on Energy and Power held a hearing on H.R. 
906 on March 19, 2015. The Subcommittee received testimony 
from:
     Gary Connett, Director, Member Services and 
Demand-Side Management, Great River Energy;
     Steven Koep, Utility Sales Manager, Vaughn Thermal 
Corporation--Vaughn Electric Water Heaters;
     Steven Nadel, Executive Director, American Council 
for an Energy-Efficient Economy; and,
     Robin Roy, Director--Building Energy and Clean 
Energy Strategy, Natural Resources Defense Council.

                        Committee Consideration

    On April 14 and 15, 2015, the full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 906 
reported to the House, as amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 906 reported. A motion by Mr. Upton to order H.R. 906 
reported to the House, as amended, was agreed to by a voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 906 is to amend the Energy and Policy 
Conservation Act to permit the continued manufacture of 
electric resistance water heaters above seventy-five gallons 
for use in thermal energy storage and demand response programs.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
906, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 906 contains no earmarks, limited tax benefits, 
or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 4, 2015.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 906, a bill to 
modify the efficiency standards for grid-enabled water heaters.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 906--A bill to modify the efficiency standards for grid-enabled 
        water heaters

    H.R. 906 would specify energy-efficiency standards for 
certain water heaters, require manufacturers of such water 
heaters and utilities to report to the Secretary of Energy on 
their prevalence and use, and direct the Secretary to publish 
periodic analyses of that information.
    Based on information from the Department of Energy, CBO 
estimates that the department would spend less than $100,000 
annually to meet new administrative and reporting requirements 
under H.R. 906, assuming the availability of appropriated 
funds. H.R. 906 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 906 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 906 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 906 specifically 
directs to be completed no rule makings within the meaning of 5 
U.S.C. 551.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Grid-enabled water heaters

    Section 1 amends the Energy Policy and Conservation Act 
(EPCA) to provide additional energy conservation standards 
applicable to grid-enabled water heaters for use as part of an 
electric thermal storage or demand response program (a program 
that enables customers to reduce or shift their power use 
during peak demand periods). Specifically, section 1:
     Requires annual reports from: (1) manufacturers of 
such water heaters regarding the quantity of the products 
shipped each year, and (2) utilities and other demand response 
and thermal storage program operators regarding the quantity of 
products activated for their programs.
     Requires the Secretary of Energy to publish 
analyses of data collected from such reports and to establish 
procedures to prevent product diversion if sales of the 
products exceed by at least fifteen percent the quantity 
activated for use in the demand response and thermal storage 
programs annually.
     Maintains the standards and publication procedures 
established by this Act until the Secretary determines that: 
(1) such water heaters do not require a separate efficiency 
requirement, or (2) procedures to prevent product diversion for 
non-program purposes would not be adequate to prevent such 
product diversion.
     Requires the Secretary to consider the impact of 
EPCA electric water heater standards on thermal storage and 
demand response programs, including on energy savings, electric 
bills, peak load reduction, electric reliability, integration 
of renewable resources, and the environment.
     Directs the Secretary to require that the water 
heaters be equipped with communication capability to enable the 
grid-enabled water heaters to participate in ancillary services 
programs if the technology is available, practical, and cost-
effective.
     Makes it unlawful for any person to:
           activate an activation lock for a grid-
        enabled water heater with knowledge that it is not used 
        as part of a demand response program;
           distribute an activation key for such a 
        water heater with the knowledge that it will be used to 
        activate a heater that is not used as part of such 
        program;
           enable such water heater to operate at 
        its designed specification and capabilities with the 
        knowledge that it is not used as part of such program; 
        or
           knowingly remove or render illegible the 
        label of such water heater.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and 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

           *       *       *       *       *       *       *


                     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 manual 
    defrost.............................................     16.3 AV+316
Refrigerator-Freezers--partial automatic defrost........     21.8 AV+429
Refrigerator-Freezers--automatic defrost with:
    Top mounted freezer without ice.....................     23.5 AV+471
    Side mounted freezer without ice....................     27.7 AV+488
    Bottom mounted freezer without ice..................     27.7 AV+488
    Top mounted freezer with through the door ice 
      service...........................................     26.4 AV+535
    Side mounted freezer with through the door ice......     30.9 AV+547
Upright Freezers with:
    Manual defrost......................................     10.9 AV+422
    Automatic defrost...................................     16.0 AV+623
Chest Freezers and all other freezers...................     14.8 AV+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.
  (3)(A)(i) The Secretary shall publish a proposed rule, no 
later than July 1, 1988, to determine if the standards 
established by paragraph (1) should be amended. The Secretary 
shall publish a final rule no later than July 1, 1989, which 
shall contain such amendment, if any, and provide that the 
amendment shall apply to products manufactured on or after 
January 1, 1993. If such a final rule is not published before 
January 1, 1990, any amendment of such standards shall apply to 
products manufactured on or after January 1, 1995. Nothing in 
this subsection provides any justification or defense for a 
failure by the Secretary to comply with the nondiscretionary 
duty to publish final rules by the dates stated in this 
paragraph.
  (ii)(I) If the Secretary does not publish a final rule before 
January 1, 1990, relating to the revision of the energy 
conservation standards for refrigerators, refrigerator-freezers 
and freezers, the regulations which established standards for 
such products and were promulgated by the California Energy 
Commission on December 14, 1984, to be effective January 1, 
1992 (or any amendments to such standards that are not more 
stringent than the standards in the original regulations), 
shall apply in California to such products, effective beginning 
January 1, 1993, and shall not be preempted after such 
effective date by any energy conservation standard established 
in this section or prescribed, on or after January 1, 1990, 
under this section.
  (II) If the Secretary does not publish a final rule before 
January 1, 1992, relating to the revision of the energy 
conservation standards for refrigerators, refrigerator-freezers 
and freezers, State regulations which apply to such products 
manufactured on or after January 1, 1995, shall apply to such 
products until the effective date of a rule issued under this 
section with respect to such products.
  (B) After the publication of a final rule under subparagraph 
(A), the Secretary shall publish a final rule no later than 
five years after the date of publication of the previous final 
rule. The Secretary shall determine in such rule whether to 
amend the standards in effect for the products described in 
paragraph (1).
  (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 the 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.
          (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.
  (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.
  (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.
  (3)(A) The Secretary shall publish a final rule no later than 
January 1, 1994, to determine whether 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, 1999. The 
Secretary shall publish a final rule no later than January 1, 
1994, to determine whether the standards established under 
paragraph (2) shall 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, 2002.
  (B) The Secretary shall publish a final rule after January 1, 
1994, and no later than January 1, 2001, to determine whether 
the standards in effect for central air conditioners and 
central air conditioning heat pumps should be amended. Such 
rule shall provide that any amendment shall apply to products 
manufactured on or after January 1, 2006.
          (4) Standards for through-the-wall central air 
        conditioners, through-the-wall central air conditioning 
        heat pumps, and small duct, high velocity systems.--
                  (A) Definitions.--In this paragraph:
                          (i) Small duct, high velocity 
                        system.--The term ``small duct, high 
                        velocity system'' means a heating and 
                        cooling product that contains a blower 
                        and indoor coil combination that--
                                  (I) is designed for, and 
                                produces, at least 1.2 inches 
                                of external static pressure 
                                when operated at the certified 
                                air volume rate of 220-350 CFM 
                                per rated ton of cooling; and
                                  (II) when applied in the 
                                field, uses high velocity room 
                                outlets generally greater than 
                                1,000 fpm that have less than 
                                6.0 square inches of free area.
                          (ii) Through-the-wall central air 
                        conditioner; through-the-wall central 
                        air conditioning heat pump.--The terms 
                        ``through-the-wall central air 
                        conditioner'' and ``through-the-wall 
                        central air conditioning heat pump'' 
                        mean a central air conditioner or heat 
                        pump, respectively, that is designed to 
                        be installed totally or partially 
                        within a fixed-size opening in an 
                        exterior wall, and--
                                  (I) is not weatherized;
                                  (II) is clearly and 
                                permanently marked for 
                                installation only through an 
                                exterior wall;
                                  (III) has a rated cooling 
                                capacity no greater than 30,000 
                                Btu/hr;
                                  (IV) exchanges all of its 
                                outdoor air across a single 
                                surface of the equipment 
                                cabinet; and
                                  (V) has a combined outdoor 
                                air exchange area of less than 
                                800 square inches (split 
                                systems) or less than 1,210 
                                square inches (single packaged 
                                systems) as measured on the 
                                surface area described in 
                                subclause (IV).
                          (iii) Revision.--The Secretary may 
                        revise the definitions contained in 
                        this subparagraph through publication 
                        of a final rule.
                  (B) Small-duct high-velocity systems.--
                          (i) Seasonal energy efficiency 
                        ratio.--The seasonal energy efficiency 
                        ratio for small-duct high-velocity 
                        systems shall be not less than--
                                  (I) 11.00 for products 
                                manufactured on or after 
                                January 23, 2006; and
                                  (II) 12.00 for products 
                                manufactured on or after 
                                January 1, 2015.
                          (ii) Heating seasonal performance 
                        factor.--The heating seasonal 
                        performance factor for small-duct high-
                        velocity systems shall be not less 
                        than--
                                  (I) 6.8 for products 
                                manufactured on or after 
                                January 23, 2006; and
                                  (II) 7.2 for products 
                                manufactured on or after 
                                January 1, 2015.
                  (C) Subsequent rulemakings.--The Secretary 
                shall conduct subsequent rulemakings for 
                through-the-wall central air conditioners, 
                through-the-wall central air conditioning heat 
                pumps, and small duct, high velocity systems as 
                part of any rulemaking under this section used 
                to review or revise standards for other central 
                air conditioners and heat pumps.
  (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 x Rated
                                                      Storage Volume in
                                                      gallons)
(B) Oil Water Heater:                                .59-(.0019 x Rated
                                                      Storage Volume in
                                                      gallons)
(C) Electric Water Heater:                           .95-(.00132 x Rated
                                                      Storage Volume in
                                                      gallons)
 

  (2) The thermal efficiency of pool heaters manufactured on or 
after January 1, 1990, shall not be less than 78 percent.
  (3) The efficiencies of gas direct heating equipment 
manufactured on or after January 1, 1990, shall be not less 
than the following:

Wall
  Fan type
        Up to 42,000 Btu/hour...........................        73% AFUE
        Over 42,000 Btu/hour............................        74% AFUE
Gravity type
        Up to 10,000 Btu/hour...........................        59% AFUE
        Over 10,000 Btu/hour up to 12,000 Btu/hour......        60% AFUE
        Over 12,000 Btu/hour up to 15,000 Btu/hour......        61% AFUE
        Over 15,000 Btu/hour up to 19,000 Btu/hour......        62% AFUE
        Over 19,000 Btu/hour up to 27,000 Btu/hour......        63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour......        64% AFUE
        Over 46,000 Btu/hour............................        65% AFUE
Floor
        Up to 37,000 Btu/hour...........................        56% AFUE
        Over 37,000 Btu/hour............................        57% AFUE
Room
        Up to 18,000 Btu/hour...........................        57% AFUE
        Over 18,000 Btu/hour up to 20,000 Btu/hour......        58% AFUE
        Over 20,000 Btu/hour up to 27,000 Btu/hour......        63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour......        64% AFUE
        Over 46,000 Btu/hour............................        65% AFUE

  (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 hot water storage tank 
                                (as defined in section 340).
                          (ii) Final rule.--The term ``final 
                        rule'' means the final rule published 
                        under this paragraph.
                  (B) Publication of final rule.--Not later 
                than 1 year after the date of enactment of this 
                paragraph, the Secretary shall publish a final 
                rule that establishes a uniform efficiency 
                descriptor and accompanying test methods for 
                covered water heaters.
                  (C) Purpose.--The purpose of the final rule 
                shall be to replace with a uniform efficiency 
                descriptor--
                          (i) the energy factor descriptor for 
                        water heaters established under this 
                        subsection; and
                          (ii) the thermal efficiency and 
                        standby loss descriptors for storage 
                        water heaters, instantaneous water 
                        heaters, and unfired water storage 
                        tanks established under section 
                        342(a)(5).
                  (D) Effect of final rule.--
                          (i) In general.--Notwithstanding any 
                        other provision of this title, 
                        effective beginning on the effective 
                        date of the final rule, the efficiency 
                        standard for covered water heaters 
                        shall be denominated according to the 
                        efficiency descriptor established by 
                        the final rule.
                          (ii) Effective date.--The final rule 
                        shall take effect 1 year after the date 
                        of publication of the final rule under 
                        subparagraph (B).
                  (E) Conversion factor.--
                          (i) In general.--The Secretary shall 
                        develop a mathematical conversion 
                        factor for converting the measurement 
                        of efficiency for covered water heaters 
                        from the test procedures in effect on 
                        the date of enactment of this paragraph 
                        to the new energy descriptor 
                        established under the final rule.
                          (ii) Application.--The conversion 
                        factor shall apply to models of covered 
                        water heaters affected by the final 
                        rule and tested prior to the effective 
                        date of the final rule.
                          (iii) Effect on efficiency 
                        requirements.--The conversion factor 
                        shall not affect the minimum efficiency 
                        requirements for covered water heaters 
                        otherwise established under this title.
                          (iv) Use.--During the period 
                        described in clause (v), a manufacturer 
                        may apply the conversion factor 
                        established by the Secretary to rerate 
                        existing models of covered water 
                        heaters that are in existence prior to 
                        the effective date of the rule 
                        described in clause (v)(II) to comply 
                        with the new efficiency descriptor.
                          (v) Period.--Clause (iv) shall apply 
                        during the period--
                                  (I) beginning on the date of 
                                publication of the conversion 
                                factor in the Federal Register; 
                                and
                                  (II) ending on the later of 1 
                                year after the date of 
                                publication of the conversion 
                                factor, or December 31, 2015.
                  (F) Exclusions.--The final rule may exclude a 
                specific category of covered water heaters from 
                the uniform efficiency descriptor established 
                under this paragraph if the Secretary 
                determines that the category of water heaters--
                          (i) does not have a residential use 
                        and can be clearly described in the 
                        final rule; and
                          (ii) are effectively rated using the 
                        thermal efficiency and standby loss 
                        descriptors applied (as of the date of 
                        enactment of this paragraph) to the 
                        category under section 342(a)(5).
                  (G) Options.--The descriptor set by the final 
                rule may be--
                          (i) a revised version of the energy 
                        factor descriptor in use as of the date 
                        of enactment of this paragraph;
                          (ii) the thermal efficiency and 
                        standby loss descriptors in use as of 
                        that date;
                          (iii) a revised version of the 
                        thermal efficiency and standby loss 
                        descriptors;
                          (iv) a hybrid of descriptors; or
                          (v) a new approach.
                  (H) Application.--The efficiency descriptor 
                and accompanying test method established under 
                the final rule shall apply, to the maximum 
                extent practicable, to all water heating 
                technologies in use as of the date of enactment 
                of this paragraph and to future water heating 
                technologies.
                  (I) Participation.--The Secretary shall 
                invite interested stakeholders to participate 
                in the rulemaking process used to establish the 
                final rule.
                  (J) Testing of alternative descriptors.--In 
                establishing the final rule, the Secretary 
                shall contract with the National Institute of 
                Standards and Technology, as necessary, to 
                conduct testing and simulation of alternative 
                descriptors identified for consideration.
                  (K) Existing covered water heaters.--A 
                covered water heater shall be considered to 
                comply with the final rule on and after the 
                effective date of the final rule and with any 
                revised labeling requirements established by 
                the Federal Trade Commission to carry out the 
                final rule if the covered water heater--
                          (i) was manufactured prior to the 
                        effective date of the final rule; and
                          (ii) complied with the efficiency 
                        standards and labeling requirements in 
                        effect prior to the final rule.
          (6) Additional standards for grid-enabled water 
        heaters.--
                  (A) Definitions.--In this paragraph:
                          (i) Activation lock.--The term 
                        ``activation lock'' means a control 
                        mechanism (either a physical device 
                        directly on the water heater or a 
                        control system integrated into the 
                        water heater) that is locked by default 
                        and contains a physical, software, or 
                        digital communication that must be 
                        activated with an activation key to 
                        enable the product to operate at its 
                        designed specifications and 
                        capabilities and without which 
                        activation the product will provide not 
                        greater than 50 percent of the rated 
                        first hour delivery of hot water 
                        certified by the manufacturer.
                          (ii) Grid-enabled water heater.--The 
                        term ``grid-enabled water heater'' 
                        means an electric resistance water 
                        heater that--
                                  (I) has a rated storage tank 
                                volume of more than 75 gallons;
                                  (II) is manufactured on or 
                                after April 16, 2015;
                                  (III) has--
                                          (aa) an energy factor 
                                        of not less than 1.061 
                                        minus the product 
                                        obtained by 
                                        multiplying--
                                                  (AA) the 
                                                rated storage 
                                                volume of the 
                                                tank, expressed 
                                                in gallons; and
                                                  (BB) 0.00168; 
                                                or
                                          (bb) an equivalent 
                                        alternative standard 
                                        prescribed by the 
                                        Secretary and developed 
                                        pursuant to paragraph 
                                        (5)(E);
                                  (IV) is equipped at the point 
                                of manufacture with an 
                                activation lock; and
                                  (V) bears a permanent label 
                                applied by the manufacturer 
                                that--
                                          (aa) is made of 
                                        material not adversely 
                                        affected by water;
                                          (bb) is attached by 
                                        means of non-water-
                                        soluble adhesive; and
                                          (cc) advises 
                                        purchasers and end-
                                        users of the intended 
                                        and appropriate use of 
                                        the product with the 
                                        following notice 
                                        printed in 16.5 point 
                                        Arial Narrow Bold font:
   ``IMPORTANT INFORMATION: This water heater is intended only 
for use as part of an electric thermal storage or demand 
response program. It will not provide adequate hot water unless 
enrolled in such a program and activated by your utility 
company or another program operator. Confirm the availability 
of a program in your local area before purchasing or installing 
this product.''.
                  (B) Requirement.--The manufacturer or private 
                labeler shall provide the activation key for a 
                grid-enabled water heater only to a utility or 
                other company that operates an electric thermal 
                storage or demand response program that uses 
                such a grid-enabled water heater.
                  (C) Reports.--
                          (i) Manufacturers.--The Secretary 
                        shall require each manufacturer of 
                        grid-enabled water heaters to report to 
                        the Secretary annually the quantity of 
                        grid-enabled water heaters that the 
                        manufacturer ships each year.
                          (ii) Operators.--The Secretary shall 
                        require utilities and other demand 
                        response and thermal storage program 
                        operators to report annually the 
                        quantity of grid-enabled water heaters 
                        activated for their programs using 
                        forms of the Energy Information Agency 
                        or using such other mechanism that the 
                        Secretary determines appropriate after 
                        an opportunity for notice and comment.
                          (iii) Confidentiality requirements.--
                        The Secretary shall treat shipment data 
                        reported by manufacturers as 
                        confidential business information.
                  (D) Publication of information.--
                          (i) In general.--In 2017 and 2019, 
                        the Secretary shall publish an analysis 
                        of the data collected under 
                        subparagraph (C) to assess the extent 
                        to which shipped products are put into 
                        use in demand response and thermal 
                        storage programs.
                          (ii) Prevention of product 
                        diversion.--If the Secretary determines 
                        that sales of grid-enabled water 
                        heaters exceed by 15 percent or greater 
                        the quantity of such products activated 
                        for use in demand response and thermal 
                        storage programs annually, the 
                        Secretary shall, after opportunity for 
                        notice and comment, establish 
                        procedures to prevent product diversion 
                        for non-program purposes.
                  (E) Compliance.--
                          (i) In general.--Subparagraphs (A) 
                        through (D) shall remain in effect 
                        until the Secretary determines under 
                        this section that--
                                  (I) grid-enabled water 
                                heaters do not require a 
                                separate efficiency 
                                requirement; or
                                  (II) sales of grid-enabled 
                                water heaters exceed by 15 
                                percent or greater the quantity 
                                of such products activated for 
                                use in demand response and 
                                thermal storage programs 
                                annually and procedures to 
                                prevent product diversion for 
                                non-program purposes would not 
                                be adequate to prevent such 
                                product diversion.
                          (ii) Effective date.--If the 
                        Secretary exercises the authority 
                        described in clause (i) or amends the 
                        efficiency requirement for grid-enabled 
                        water heaters, that action will take 
                        effect on the date described in 
                        subsection (m)(4)(A)(ii).
                          (iii) Consideration.--In carrying out 
                        this section with respect to electric 
                        water heaters, the Secretary shall 
                        consider the impact on thermal storage 
                        and demand response programs, including 
                        any impact on energy savings, electric 
                        bills, peak load reduction, electric 
                        reliability, integration of renewable 
                        resources, and the environment.
                          (iv) Requirements.--In carrying out 
                        this paragraph, the Secretary shall 
                        require that grid-enabled water heaters 
                        be equipped with communication 
                        capability to enable the grid-enabled 
                        water heaters to participate in 
                        ancillary services programs if the 
                        Secretary determines that the 
                        technology is available, practical, and 
                        cost-effective.
  (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.
          (3) Boilers.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), boilers manufactured on or after 
                September 1, 2012, shall meet the following 
                requirements:


------------------------------------------------------------------------
                                      Minimum Annual
            Boiler Type              Fuel Utilization        Design
                                        Efficiency        Requirements
------------------------------------------------------------------------
Gas Hot Water.....................  82%                No Constant
                                                        Burning Pilot,
                                                        Automatic Means
                                                        for Adjusting
                                                        Water
                                                        Temperature
------------------------------------------------------------------------
 Gas Steam........................  80%                No Constant
                                                        Burning Pilot
------------------------------------------------------------------------
Oil Hot Water.....................  84%                Automatic Means
                                                        for Adjusting
                                                        Temperature
------------------------------------------------------------------------
 Oil Steam........................  82%                None
------------------------------------------------------------------------
Electric Hot Water................  None               Automatic Means
                                                        for Adjusting
                                                        Temperature
------------------------------------------------------------------------
Electric Steam....................  None               None
------------------------------------------------------------------------

                  (B) Automatic means for adjusting water 
                temperature.--
                          (i) In general.--The manufacturer 
                        shall equip each gas, oil, and electric 
                        hot water boiler (other than a boiler 
                        equipped with a tankless domestic water 
                        heating coil) with automatic means for 
                        adjusting the temperature of the water 
                        supplied by the boiler to ensure that 
                        an incremental change in inferred heat 
                        load produces a corresponding 
                        incremental change in the temperature 
                        of water supplied.
                          (ii) Single input rate.--For a boiler 
                        that fires at 1 input rate, the 
                        requirements of this subparagraph may 
                        be satisfied by providing an automatic 
                        means that allows the burner or heating 
                        element to fire only when the means has 
                        determined that the inferred heat load 
                        cannot be met by the residual heat of 
                        the water in the system.
                          (iii) No inferred heat load.--When 
                        there is no inferred heat load with 
                        respect to a hot water boiler, the 
                        automatic means described in clauses 
                        (i) and (ii) shall limit the 
                        temperature of the water in the boiler 
                        to not more than 140 degrees 
                        Fahrenheit.
                          (iv) Operation.--A boiler described 
                        in clause (i) or (ii) shall be operable 
                        only when the automatic means described 
                        in clauses (i), (ii), and (iii) is 
                        installed.
                  (C) Exception.--A boiler that is manufactured 
                to operate without any need for electricity or 
                any electric connection, electric gauges, 
                electric pumps, electric wires, or electric 
                devices shall not be required to meet the 
                requirements of this paragraph.
  (4)(A) The Secretary shall publish a final rule no later than 
January 1, 1992, to determine whether the standards established 
by paragraph (2) for mobile home furnaces should be amended. 
Such rule shall provide that any amendment shall apply to 
products manufactured on or after January 1, 1994.
  (B) The Secretary shall publish a final rule no later than 
January 1, 1994, to determine whether the standards established 
by this subsection for furnaces (including mobile home 
furnaces) should be amended. Such rule shall provide that any 
amendment shall apply to products manufactured on or after 
January 1, 2002.
  (C) After January 1, 1997, and before January 1, 2007, the 
Secretary shall publish a final rule to determine whether 
standards in effect for such products should be amended. Such 
rule shall contain such amendment, if any, and provide that any 
amendment shall apply to products manufactured on or after 
January 1, 2012.
  (D) Notwithstanding any other provision of this Act, if the 
requirements of subsection (o) are met, not later than December 
31, 2013, the Secretary shall consider and prescribe energy 
conservation standards or energy use standards for electricity 
used for purposes of circulating air through duct work.
  (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.
  (B) After January 1, 1990, the Secretary shall publish a 
final rule no later than five years after the date of 
publication of the previous final rule. The Secretary shall 
determine in such rule whether to amend the standards in effect 
for such products.
  (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.
  (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:


 
 
  Application
for Operation    Ballast  Input     Total  Nominal     Ballast Efficacy
      of             Voltage          Lamp  Watts           Factor
 
one F40T12             120                 40               1.805
 lamp
                       277                 40               1.805
two F40T12             120                 80               1.060
 lamps
                       277                 80               1.050
two F96T12             120                150               0.570
 lamps
                       277                150               0.570
two F96T12HO           120                220               0.390
 lamps
                       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:


               ..................  Total             ...................
Application    Ballast             nominal           Ballast
 for           input               lamp              efficacy
 operation of  voltage             watts             factor
One F34T12     120/277             34                2.61
 lamp
Two F34T12     120/277             68                1.35
 lamps
Two F96T12/ES  120/277             120               0.77
 lamps
Two F96T12HO/  120/277             190               0.42.
 ES lamps
 

  (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 negative 20+F 
        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.
          (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.
                  (B) 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.--(1) Gas kitchen 
ranges and ovens having an electrical supply cord shall not be 
equipped with a constant burning pilot for products 
manufactured on or after January 1, 1990.
  (2)(A) The Secretary shall publish a final rule no later than 
January 1, 1992, to determine if the standards established for 
kitchen ranges and ovens in this subsection 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) The Secretary shall publish a final rule no later than 
January 1, 1997, to determine whether standards in effect for 
such products should be amended. Such rule shall apply to 
products manufactured on or after January 1, 2000.
  (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
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective Date
           Lamp Type               Nominal Lamp       Minimum CRI       Minimum Average Lamp        (Period of
                                      Wattage                              Efficacy (LPW)            Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin...........        >35 W              69                    75.0                    36
                                       :35 W              45                    75.0                    36
2-foot U-shaped................        >35 W              69                    68.0                    36
                                       :35 W              45                    64.0                    36
8-foot slimline................         65 W              69                    80.0                    18
                                       :65 W              45                    80.0                    18
8-foot high output.............       >100 W              69                    80.0                    18
                                      :100 W              45                    80.0                    18
----------------------------------------------------------------------------------------------------------------



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

                  (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 
                                discontinued 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.
                  (B) Rulemaking before january 1, 2020.--
                          (i) In general.--Not later than 
                        January 1, 2020, the Secretary shall 
                        initiate a rulemaking procedure to 
                        determine whether--
                                  (I) standards in effect for 
                                general service incandescent 
                                lamps should be amended to 
                                reflect lumen ranges with more 
                                stringent maximum wattage than 
                                the standards specified in 
                                paragraph (1)(A); and
                                  (II) the exemptions for 
                                certain incandescent lamps 
                                should be maintained or 
                                discontinued 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.
  (j) Standards for Showerheads and Faucets.--(1) The maximum 
water use allowed for any showerhead manufactured after January 
1, 1994, is 2.5 gallons per minute when measured at a flowing 
water pressure of 80 pounds per square inch. Any such 
showerhead shall also meet the requirements of ASME/ANSI 
A112.18.1M-1989, 7.4.3(a).
  (2) The maximum water use allowed for any of the following 
faucets manufactured after January 1, 1994, when measured at a 
flowing water pressure of 80 pounds per square inch, is as 
follows:

  Lavatory faucets..2.5 gallons per minute..............................
  Lavatory replaceme2.5 gallons per minute..............................
  Kitchen faucets...2.5 gallons per minute..............................
  Kitchen replacemen2.5 gallons per minute..............................
  Metering faucets..0.25 gallons per cycle..............................

  (3)(A) If the maximum flow rate requirements or the design 
requirements of ASME/ANSI Standard A112.18.1M-1989 are amended 
to improve the efficiency of water use of any type or class of 
showerhead or faucet and are approved by ANSI, the Secretary 
shall, not later than 12 months after the date of such 
amendment, publish a final rule establishing an amended uniform 
national standard for that product at the level specified in 
the amended ASME/ANSI Standard A112.18.1M and providing that 
such standard shall apply to products manufactured after a date 
which is 12 months after the publication of such rule, unless 
the Secretary determines, by rule published in the Federal 
Register, that adoption of a uniform national standard at the 
level specified in such amended ASME/ANSI Standard A112.18.1M--
          (i) is not technologically feasible and economically 
        justified under subsection (o);
          (ii) is not consistent with the maintenance of public 
        health and safety; or
          (iii) is not consistent with the purposes of this 
        Act.
  (B)(i) As part of the rulemaking conducted under subparagraph 
(A), the Secretary shall also determine if adoption of a 
uniform national standard for any type or class of showerhead 
or faucet more stringent than such amended ASME/ANSI Standard 
A112.18.1M--
          (I) would result in additional conservation of energy 
        or water;
          (II) would be technologically feasible and 
        economically justified under subsection (o); and
          (III) would be consistent with the maintenance of 
        public health and safety.
  (ii) If the Secretary makes an affirmative determination 
under clause (i), the final rule published under subparagraph 
(A) shall waive the provisions of section 327(c) with respect 
to any State regulation concerning the water use or water 
efficiency of such type or class of showerhead or faucet if 
such State regulation--
          (I) is more stringent than amended ASME/ANSI Standard 
        A112.18.1M for such type or class of showerhead or 
        faucet and the standard in effect for such product on 
        the day before the date on which a final rule is 
        published under subparagraph (A); and
          (II) is applicable to any sale or installation of all 
        products in such type or class of showerhead or faucet.
  (C) If, after any period of five consecutive years, the 
maximum flow rate requirements of the ASME/ANSI standard for 
showerheads are not amended to improve the efficiency of water 
use of such products, or after any such period such 
requirements for faucets are not amended to improve the 
efficiency of water use of such products, the Secretary shall, 
not later than six months after the end of such five-year 
period, publish a final rule waiving the provisions of section 
327(c) with respect to any State regulation concerning the 
water use or water efficiency of such type or class of 
showerhead or faucet if such State regulation--
          (i) is more stringent than the standards in effect 
        for such type of class of showerhead or faucet; and
          (ii) is applicable to any sale or installation of all 
        products in such type or class of showerhead or faucet.
  (k) Standards for Water Closets and Urinals.--(1)(A) Except 
as provided in subparagraph (B), the maximum water use allowed 
in gallons per flush for any of the following water closets 
manufactured after January 1, 1994, is the following:

    Gravity tank-type toilets................................. 1.6 gpf. 
    Flushometer tank toilets.................................. 1.6 gpf. 
    Electromechanical hydraulic toilets....................... 1.6 gpf. 
    Blowout toilets...........................................  3.5 gpf.

  (B) The maximum water use allowed for any gravity tank-type 
white 2-piece toilet which bears an adhesive label conspicuous 
upon installation consisting of the words ``Commercial Use 
Only'' manufactured after January 1, 1994, and before January 
1, 1997, is 3.5 gallons per flush.
  (C) The maximum water use allowed for flushometer valve 
toilets, other than blowout toilets, manufactured after January 
1, 1997, is 1.6 gallons per flush.
  (2) The maximum water use allowed for any urinal manufactured 
after January 1, 1994, is 1.0 gallon per flush.
  (3)(A) If the maximum flush volume requirements of ASME 
Standard A112.19.6-1990 are amended to improve the efficiency 
of water use of any low consumption water closet or low 
consumption urinal and are approved by ANSI, the Secretary 
shall, not later than 12 months after the date of such 
amendment, publish a final rule establishing an amended uniform 
national standard for that product at the level specified in 
amended ASME/ANSI Standard A112.19.6 and providing that such 
standard shall apply to products manufactured after a date 
which is one year after the publication of such rule, unless 
the Secretary determines, by rule published in the Federal 
Register, that adoption of a uniform national standard at the 
level specified in such amended ASME/ANSI Standard A112.19.6--
          (i) is not technologically feasible and economically 
        justified under subsection (o);
          (ii) is not consistent with the maintenance of public 
        health and safety; or
          (iii) is not consistent with the purposes of this 
        Act.
  (B)(i) As part of the rulemaking conducted under subparagraph 
(A), the Secretary shall also determine if adoption of a 
uniform national standard for any type or class of low 
consumption water closet or low consumption urinal more 
stringent than such amended ASME/ANSI Standard A112.19.6 for 
such product--
          (I) would result in additional conservation of energy 
        or water;
          (II) would be technologically feasible and 
        economically justified under subsection (o); and
          (III) would be consistent with the maintenance of 
        public health and safety.
  (ii) If the Secretary makes an affirmative determination 
under clause (i), the final rule published under subparagraph 
(A) shall waive the provisions of section 327(c) with respect 
to any State regulation concerning the water use or water 
efficiency of such type or class of low consumption water 
closet or low consumption urinal if such State regulation--
          (I) is more stringent than amended ASME/ANSI Standard 
        A112.19.6 for such type or class of low consumption 
        water closet or low consumption urinal and the standard 
        in effect for such product on the day before the date 
        on which a final rule is published under subparagraph 
        (A); and
          (II) is applicable to any sale or installation of all 
        products in such type or class of low consumption water 
        closet or low consumption urinal.
  (C) If, after any period of five consecutive years, the 
maximum flush volume requirements of the ASME/ANSI standard for 
low consumption water closets are not amended to improve the 
efficiency of water use of such products, or after any such 
period such requirements for low consumption urinals are not 
amended to improve the efficiency of water use of such 
products, the Secretary shall, not later than six months after 
the end of such five-year period, publish a final rule waiving 
the provisions of section 327(c) with respect to any State 
regulation concerning the water use or water efficiency of such 
type or class of water closet or urinal if such State 
regulation--
          (i) is more stringent than the standards in effect 
        for such type or class of water closet or urinal; and
          (ii) is applicable to any sale or installation of all 
        products in such type or class of water closet or 
        urinal.
  (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) 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;
          (B) the aggregate household energy use within the 
        United States by products of such type (or class) 
        exceeded 4,200,000,000 kilowatt-hours (or its Btu 
        equivalent) for any such 12-month period;
          (C) substantial improvement in the energy efficiency 
        of products of such type (or class) is technologically 
        feasible; and
          (D) the application of a labeling rule under section 
        324 to such type (or class) is not likely to be 
        sufficient to induce manufacturers to produce, and 
        consumers and other persons to purchase, covered 
        products of such type (or class) which achieve the 
        maximum energy efficiency which is technologically 
        feasible and economically justified.
  (2) Any new or amended standard for covered products of a 
type specified in paragraph (19) 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 in accordance with this 
                paragraph.
                  (B) Benchmarks.--Not later than 1 year after 
                the date of enactment of this paragraph, the 
                Secretary, in consultation with the National 
                Electrical Manufacturers Association, shall--
                          (i) collect actual data for United 
                        States unit sales for each of calendar 
                        years 1990 through 2006 for each of the 
                        5 types of lamps described in 
                        subparagraph (A) to determine the 
                        historical growth rate of the type of 
                        lamp; and
                          (ii) construct a model for each type 
                        of lamp based on coincident economic 
                        indicators that closely match the 
                        historical annual growth rate of the 
                        type of lamp to provide a neutral 
                        comparison benchmark to model future 
                        unit sales after calendar year 2006.
                  (C) Actual sales data.--
                          (i) In general.--Effective for each 
                        of calendar years 2010 through 2025, 
                        the Secretary, in consultation with the 
                        National Electrical Manufacturers 
                        Association, shall--
                                  (I) collect actual United 
                                States unit sales data for each 
                                of 5 types of lamps described 
                                in subparagraph (A); and
                                  (II) not later than 90 days 
                                after the end of each calendar 
                                year, compare the lamp sales in 
                                that year with the sales 
                                predicted by the comparison 
                                benchmark for each of the 5 
                                types of lamps described in 
                                subparagraph (A).
                          (ii) Continuation of tracking.--
                                  (I) Determination.--Not later 
                                than January 1, 2023, the 
                                Secretary shall determine if 
                                actual sales data should be 
                                tracked for the lamp types 
                                described in subparagraph (A) 
                                after calendar year 2025.
                                  (II) Continuation.--If the 
                                Secretary finds that the market 
                                share of a lamp type described 
                                in subparagraph (A) could 
                                significantly erode the market 
                                share for general service 
                                lamps, the Secretary shall 
                                continue to track the actual 
                                sales data for the lamp type.
                  (D) Rough service lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for rough service 
                        lamps demonstrates actual unit sales of 
                        rough service lamps that achieve levels 
                        that are at least 100 percent higher 
                        than modeled unit sales for that same 
                        year, the Secretary shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for rough service lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of the 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall require 
                        rough service lamps to--
                                  (I) have a shatter-proof 
                                coating or equivalent 
                                technology that is compliant 
                                with NSF/ANSI 51 and is 
                                designed to contain the glass 
                                if the glass envelope of the 
                                lamp is broken and to provide 
                                effective containment over the 
                                life of the lamp;
                                  (II) have a maximum 40-watt 
                                limitation; and
                                  (III) be sold at retail only 
                                in a package containing 1 lamp.
                  (E) Vibration service lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for vibration service 
                        lamps demonstrates actual unit sales of 
                        vibration service lamps that achieve 
                        levels that are at least 100 percent 
                        higher than modeled unit sales for that 
                        same year, the Secretary shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for vibration service lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of the 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall require 
                        vibration service lamps to--
                                  (I) have a maximum 40-watt 
                                limitation; and
                                  (II) be sold at retail only 
                                in a package containing 1 lamp.
                  (F) 3-way incandescent lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for 3-way 
                        incandescent lamps demonstrates actual 
                        unit sales of 3-way incandescent lamps 
                        that achieve levels that are at least 
                        100 percent higher than modeled unit 
                        sales for that same year, the Secretary 
                        shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for 3-way incandescent lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall require 
                        that--
                                  (I) each filament in a 3-way 
                                incandescent lamp meet the new 
                                maximum wattage requirements 
                                for the respective lumen range 
                                established under subsection 
                                (i)(1)(A); and
                                  (II) 3-way lamps be sold at 
                                retail only in a package 
                                containing 1 lamp.
                  (G) 2,601-3,300 lumen general service 
                incandescent lamps.--Effective beginning with 
                the first year that the reported annual sales 
                rate demonstrates actual unit sales of 2,601-
                3,300 lumen general service incandescent lamps 
                in the lumen range of 2,601 through 3,300 
                lumens (or, in the case of a modified spectrum, 
                in the lumen range of 1,951 through 2,475 
                lumens) that achieve levels that are at least 
                100 percent higher than modeled unit sales for 
                that same year, the Secretary shall impose--
                          (i) a maximum 95-watt limitation on 
                        general service incandescent lamps in 
                        the lumen range of 2,601 through 3,300 
                        lumens; and
                          (ii) a requirement that those lamps 
                        be sold at retail only in a package 
                        containing 1 lamp.
                  (H) Shatter-resistant lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for shatter-resistant 
                        lamps demonstrates actual unit sales of 
                        shatter-resistant lamps that achieve 
                        levels that are at least 100 percent 
                        higher than modeled unit sales for that 
                        same year, the Secretary shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for shatter-resistant lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall impose--
                                  (I) a maximum wattage 
                                limitation of 40 watts on 
                                shatter resistant lamps; and
                                  (II) a requirement that those 
                                lamps be sold at retail only in 
                                a package containing 1 lamp.
                  (I) Rulemakings before january 1, 2025.--
                          (i) In general.--Except as provided 
                        in clause (ii), if the Secretary issues 
                        a final rule prior to January 1, 2025, 
                        establishing an energy conservation 
                        standard for any of the 5 types of 
                        lamps for which data collection is 
                        required under any of subparagraphs (D) 
                        through (G), the requirement to collect 
                        and model data for that type of lamp 
                        shall terminate unless, as part of the 
                        rulemaking, the Secretary determines 
                        that continued tracking is necessary.
                          (ii) Backstop requirement.--If the 
                        Secretary imposes a backstop 
                        requirement as a result of a failure to 
                        complete an accelerated rulemaking in 
                        accordance with clause (i)(II) of any 
                        of subparagraphs (D) through (G), the 
                        requirement to collect and model data 
                        for the applicable type of lamp shall 
                        continue for an additional 2 years 
                        after the effective date of the 
                        backstop requirement.
  (m) Amendment of Standards.--
          (1) 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--
                  (A) a notice of the determination of the 
                Secretary that standards for the product do not 
                need to be amended, based on the criteria 
                established under subsection (n)(2); or
                  (B) a notice of proposed rulemaking including 
                new proposed standards based on the criteria 
                established under subsection (o) and the 
                procedures established under subsection (p).
          (2) Notice.--If the Secretary publishes a notice 
        under paragraph (1), the Secretary shall--
                  (A) publish a notice stating that the 
                analysis of the Department is publicly 
                available; and
                  (B) provide an opportunity for written 
                comment.
          (3) Amendment of standard; new determination.--
                  (A) Amendment of standard.--Not later than 2 
                years after a notice is issued under paragraph 
                (1)(B), the Secretary shall publish a final 
                rule amending the standard for the product.
                  (B) New determination.--Not later than 3 
                years after a determination under paragraph 
                (1)(A), the Secretary shall make a new 
                determination and publication under 
                subparagraph (A) or (B) of paragraph (1).
          (4) Application to products.--
                  (A) In general.--Except as provided in 
                subparagraph (B), an amendment prescribed under 
                this subsection shall apply to--
                          (i) with respect to refrigerators, 
                        refrigerator-freezers, freezers, room 
                        air conditioners, dishwashers, clothes 
                        washers, clothes dryers, fluorescent 
                        lamp ballasts, and kitchen ranges and 
                        ovens, such a product that is 
                        manufactured after the date that is 3 
                        years after publication of the final 
                        rule establishing an applicable 
                        standard; and
                          (ii) with respect to central air 
                        conditioners, heat pumps, water 
                        heaters, pool heaters, direct heating 
                        equipment, and furnaces, such a product 
                        that is manufactured after the date 
                        that is 5 years after publication of 
                        the final rule establishing an 
                        applicable standard.
                  (B) Other new standards.--A manufacturer 
                shall not be required to apply new standards to 
                a product with respect to which other new 
                standards have been required during the prior 
                6-year period.
          (5) 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) a progress report every 180 days on 
                compliance with this section, including a 
                specific plan to remedy any failures to comply 
                with deadlines for action established under 
                this section; and
                  (B) all required reports to the Court or to 
                any party to the Consent Decree in State of New 
                York v Bodman, Consolidated Civil Actions No. 
                05 Civ. 7807 and No. 05 Civ. 7808.
  (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.
  (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.
  (2)(A) Any new or amended energy conservation standard 
prescribed by the Secretary under this section for any type (or 
class) of covered product shall be designed to achieve the 
maximum improvement in energy efficiency, or, in the case of 
showerheads, faucets, water closets, or urinals, water 
efficiency, which the Secretary determines is technologically 
feasible and economically justified.
  (B)(i) In determining whether a standard is economically 
justified, the Secretary shall, after receiving views and 
comments furnished with respect to the proposed standard, 
determine whether the benefits of the standard exceed its 
burdens by, to the greatest extent practicable, considering--
          (I) the economic impact of the standard on the 
        manufacturers and on the consumers of the products 
        subject to such standard;
          (II) the savings in operating costs throughout the 
        estimated average life of the covered 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 covered products which are likely to 
        result from the imposition of the standard;
          (III) the total projected amount of energy, or as 
        applicable, water, savings likely to result directly 
        from the imposition of the standard;
          (IV) any lessening of the utility or the performance 
        of the covered 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 and water 
        conservation; and
          (VII) other factors the Secretary considers relevant.
  (ii) For purposes of clause (i)(V), the Attorney General 
shall make a determination of the impact, if any, of any 
lessening of competition likely to result from such standard 
and shall transmit such determination, not later than 60 days 
after the publication of a proposed rule prescribing or 
amending an energy conservation standard, in writing to the 
Secretary, together with an analysis of the nature and extent 
of such impact. Any such determination and analysis shall be 
published by the Secretary in the Federal Register.
  (iii) If the Secretary finds that the additional cost to the 
consumer of purchasing a product complying with an energy 
conservation standard level will be less than three times the 
value of the energy, and as applicable, water, savings during 
the first year that the consumer will receive as a result of 
the standard, as calculated under the applicable test 
procedure, there shall be a rebuttable presumption that such 
standard level is economically justified. A determination by 
the Secretary that such criterion is not met shall not be taken 
into consideration in the Secretary's determination of whether 
a standard is economically justified.
  (3) The Secretary may not prescribe an amended or new 
standard under this section for a type (or class) of covered 
product if--
          (A) for products other than dishwashers, clothes 
        washers, clothes dryers, and kitchen ranges and ovens, 
        a test procedure has not been prescribed pursuant to 
        section 323 with respect to that type (or class) of 
        product; or
          (B) the Secretary determines, by rule, that the 
        establishment of such standard will not result in 
        significant conservation of energy or, in the case of 
        showerheads, faucets, water closets, or urinals, water, 
        or that the establishment of such standard is not 
        technologically feasible or economically justified.
For purposes of section 327, a determination under subparagraph 
(B) with respect to any type (or class) of covered products 
shall have the same effect as would a standard prescribed for 
such type (or class).
  (4) The Secretary may not prescribe an amended or new 
standard under this section if the Secretary finds (and 
publishes such finding) that interested persons have 
established by a preponderance of the evidence that the 
standard is likely to result in the unavailability in the 
United States in any covered 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 Secretary's finding. The failure of some types (or 
classes) to meet this criterion shall not affect the 
Secretary's determination of whether to prescribe a standard 
for other types (or classes).
  (5) The Secretary may set more than 1 energy conservation 
standard for products that serve more than 1 major function by 
setting 1 energy conservation standard for each major function.
          (6) Regional standards for furnaces, central air 
        conditioners, and heat pumps.--
                  (A) In general.--In any rulemaking to 
                establish a new or amended standard, the 
                Secretary may consider the establishment of 
                separate standards by geographic region for 
                furnaces (except boilers), central air 
                conditioners, and heat pumps.
                  (B) National and regional standards.--
                          (i) National standard.--If the 
                        Secretary establishes a regional 
                        standard for a product, the Secretary 
                        shall establish a base national 
                        standard for the product.
                          (ii) Regional standards.--If the 
                        Secretary establishes a regional 
                        standard for a product, the Secretary 
                        may establish more restrictive 
                        standards for the product by geographic 
                        region as follows:
                                  (I) For furnaces, the 
                                Secretary may establish 1 
                                additional standard that is 
                                applicable in a geographic 
                                region defined by the 
                                Secretary.
                                  (II) For any cooling product, 
                                the Secretary may establish 1 
                                or 2 additional standards that 
                                are applicable in 1 or 2 
                                geographic regions as may be 
                                defined by the Secretary.
                  (C) Boundaries of geographic regions.--
                          (i) In general.--Subject to clause 
                        (ii), the boundaries of additional 
                        geographic regions established by the 
                        Secretary under this paragraph shall 
                        include only contiguous States.
                          (ii) Alaska and hawaii.--The States 
                        of Alaska and Hawaii may be included 
                        under this paragraph in a geographic 
                        region that the States are not 
                        contiguous to.
                          (iii) Individual states.--Individual 
                        States shall be placed only into a 
                        single region under this paragraph.
                  (D) Prerequisites.--In establishing 
                additional regional standards under this 
                paragraph, the Secretary shall--
                          (i) establish additional regional 
                        standards only if the Secretary 
                        determines that--
                                  (I) the establishment of 
                                additional regional standards 
                                will produce significant energy 
                                savings in comparison to 
                                establishing only a single 
                                national standard; and
                                  (II) the additional regional 
                                standards are economically 
                                justified under this paragraph; 
                                and
                          (ii) consider the impact of the 
                        additional regional standards on 
                        consumers, manufacturers, and other 
                        market participants, including product 
                        distributors, dealers, contractors, and 
                        installers.
                  (E) Application; effective date.--
                          (i) Base national standard.--Any base 
                        national standard established for a 
                        product under this paragraph shall--
                                  (I) be the minimum standard 
                                for the product; and
                                  (II) apply to all products 
                                manufactured or imported into 
                                the United States on and after 
                                the effective date for the 
                                standard.
                          (ii) Regional standards.--Any 
                        additional and more restrictive 
                        regional standard established for a 
                        product under this paragraph shall 
                        apply to any such product installed on 
                        or after the effective date of the 
                        standard in States in which the 
                        Secretary has designated the standard 
                        to apply.
                  (F) Continuation of regional standards.--
                          (i) In general.--In any subsequent 
                        rulemaking for any product for which a 
                        regional standard has been previously 
                        established, the Secretary shall 
                        determine whether to continue the 
                        establishment of separate regional 
                        standards for the product.
                          (ii) Regional standard no longer 
                        appropriate.--Except as provided in 
                        clause (iii), if the Secretary 
                        determines that regional standards are 
                        no longer appropriate for a product, 
                        beginning on the effective date of the 
                        amended standard for the product--
                                  (I) there shall be 1 base 
                                national standard for the 
                                product with Federal 
                                enforcement; and
                                  (II) State authority for 
                                enforcing a regional standard 
                                for the product shall 
                                terminate.
                          (iii) Regional standard appropriate 
                        but standard or region changed.--
                                  (I) State no longer contained 
                                in region.--Subject to 
                                subclause (III), if a State is 
                                no longer contained in a region 
                                in which a regional standard 
                                that is more stringent than the 
                                base national standard applies, 
                                the authority of the State to 
                                enforce the regional standard 
                                shall terminate.
                                  (II) Standard or region 
                                revised so that existing 
                                regional standard equals base 
                                national standard.--If the 
                                Secretary revises a base 
                                national standard for a product 
                                or the geographic definition of 
                                a region so that an existing 
                                regional standard for a State 
                                is equal to the revised base 
                                national standard--
                                          (aa) the authority of 
                                        the State to enforce 
                                        the regional standard 
                                        shall terminate on the 
                                        effective date of the 
                                        revised base national 
                                        standard; and
                                          (bb) the State shall 
                                        be subject to the 
                                        revised base national 
                                        standard.
                                  (III) Standard or region 
                                revised so that existing 
                                regional standard equals base 
                                national standard.--If the 
                                Secretary revises a base 
                                national standard for a product 
                                or the geographic definition of 
                                a region so that the standard 
                                for a State is lower than the 
                                previously approved regional 
                                standard, the State may 
                                continue to enforce the 
                                previously approved standard 
                                level.
                          (iv) Waiver of federal preemption.--
                        Nothing in this paragraph diminishes 
                        the authority of a State to enforce a 
                        State regulation for which a waiver of 
                        Federal preemption has been granted 
                        under section 327(d).
                  (G) Enforcement.--
                          (i) Base national standard.--
                                  (I) In general.--The 
                                Secretary shall enforce any 
                                base national standard.
                                  (II) Trade association 
                                certification programs.--In 
                                enforcing the base national 
                                standard, the Secretary shall 
                                use, to the maximum extent 
                                practicable, national standard 
                                nationally recognized 
                                certification programs of trade 
                                associations.
                          (ii) Regional standards.--
                                  (I) Enforcement plan.--Not 
                                later than 90 days after the 
                                date of the issuance of a final 
                                rule that establishes a 
                                regional standard, the 
                                Secretary shall initiate a 
                                rulemaking to develop and 
                                implement an effective 
                                enforcement plan for regional 
                                standards for the products that 
                                are covered by the final rule.
                                  (II) Responsible entities.--
                                Any rules regarding enforcement 
                                of a regional standard shall 
                                clearly specify which entities 
                                are legally responsible for 
                                compliance with the standards 
                                and for making any required 
                                information or labeling 
                                disclosures.
                                  (III) Final rule.--Not later 
                                than 15 months after the date 
                                of the issuance of a final rule 
                                that establishes a regional 
                                standard for a product, the 
                                Secretary shall promulgate a 
                                final rule covering enforcement 
                                of regional standards for the 
                                product.
                                  (IV) Incorporation by states 
                                and localities.--A State or 
                                locality may incorporate any 
                                Federal regional standard into 
                                State or local building codes 
                                or State appliance standards.
                                  (V) State enforcement.--A 
                                State agency may seek 
                                enforcement of a Federal 
                                regional standard in a Federal 
                                court of competent 
                                jurisdiction.
                  (H) Information disclosure.--
                          (i) In general.--Not later than 90 
                        days after the date of the publication 
                        of a final rule that establishes a 
                        regional standard for a product, the 
                        Federal Trade Commission shall 
                        undertake a rulemaking to determine the 
                        appropriate 1 or more methods for 
                        disclosing information so that 
                        consumers, distributors, contractors, 
                        and installers can easily determine 
                        whether a specific piece of equipment 
                        that is installed in a specific 
                        building is in conformance with the 
                        regional standard that applies to the 
                        building.
                          (ii) Methods.--A method of disclosing 
                        information under clause (i) may 
                        include--
                                  (I) modifications to the 
                                Energy Guide label; or
                                  (II) other methods that make 
                                it easy for consumers and 
                                installers to use and 
                                understand at the point of 
                                installation.
                          (iii) Completion of rulemaking.--The 
                        rulemaking shall be completed not later 
                        15 months after the date of the 
                        publication of a final rule that 
                        establishes a regional standard for a 
                        product.
  (p) Procedure for Prescribing New or Amended Standards.--Any 
new or amended energy conservation standard shall be prescribed 
in accordance with the following procedure:
          (1) A proposed rule which prescribes an amended or 
        new energy conservation standard or prescribes no 
        amendment or no new standard for a type (or class) of 
        covered products shall be published in the Federal 
        Register. In prescribing any such proposed rule with 
        respect to a standard, the Secretary shall determine 
        the maximum improvement in energy efficiency or maximum 
        reduction in energy use that is technologically 
        feasible for each type (or class) of covered products. 
        If such standard is not designed to achieve such 
        efficiency or use, the Secretary shall state in the 
        proposed rule the reasons therefor.
          (2) After the publication of such proposed 
        rulemaking, the Secretary shall, in accordance with 
        section 336, afford interested persons an opportunity, 
        during a period of not less than 60 days, to present 
        oral and written comments (including an opportunity to 
        question those who make such presentations, as provided 
        in such section) on matters relating to such proposed 
        rule, including--
                  (A) whether the standard to be prescribed is 
                economically justified (taking into account 
                those factors which the Secretary must consider 
                under subsection (o)(2)) or will result in the 
                effects described in subsection (o)(4);
                  (B) whether the standard will achieve the 
                maximum improvement in energy efficiency which 
                is technologically feasible;
                  (C) if the standard will not achieve such 
                improvement, whether the reasons for not 
                achieving such improvement are adequate; and
                  (D) whether such rule should prescribe a 
                level of energy use or efficiency which is 
                higher or lower than that which would otherwise 
                apply in the case of any group of products 
                within the type (or class) that will be subject 
                to such standard.
          (3) A final rule prescribing an amended or new energy 
        conservation standard or prescribing no amended or new 
        standard for a type (or class) of covered products 
        shall be published as soon as is practicable, but not 
        less than 90 days, after publication of the proposed 
        rule in the Federal Register.
          (4) Direct final rules.--
                  (A) In general.--On receipt of a statement 
                that is submitted jointly by interested persons 
                that are fairly representative of relevant 
                points of view (including representatives of 
                manufacturers of covered products, States, and 
                efficiency advocates), as determined by the 
                Secretary, and contains recommendations with 
                respect to an energy or water conservation 
                standard--
                          (i) if the Secretary determines that 
                        the recommended standard contained in 
                        the statement is in accordance with 
                        subsection (o) or section 342(a)(6)(B), 
                        as applicable, the Secretary may issue 
                        a final rule that establishes an energy 
                        or water conservation standard and is 
                        published simultaneously with a notice 
                        of proposed rulemaking that proposes a 
                        new or amended energy or water 
                        conservation standard that is identical 
                        to the standard established in the 
                        final rule to establish the recommended 
                        standard (referred to in this paragraph 
                        as a ``direct final rule''); or
                          (ii) if the Secretary determines that 
                        a direct final rule cannot be issued 
                        based on the statement, the Secretary 
                        shall publish a notice of the 
                        determination, together with an 
                        explanation of the reasons for the 
                        determination.
                  (B) Public comment.--The Secretary shall 
                solicit public comment for a period of at least 
                110 days with respect to each direct final rule 
                issued by the Secretary under subparagraph 
                (A)(i).
                  (C) Withdrawal of direct final rules.--
                          (i) In general.--Not later than 120 
                        days after the date on which a direct 
                        final rule issued under subparagraph 
                        (A)(i) is published in the Federal 
                        Register, the Secretary shall withdraw 
                        the direct final rule if--
                                  (I) the Secretary receives 1 
                                or more adverse public comments 
                                relating to the direct final 
                                rule under subparagraph (B)(i) 
                                or any alternative joint 
                                recommendation; and
                                  (II) based on the rulemaking 
                                record relating to the direct 
                                final rule, the Secretary 
                                determines that such adverse 
                                public comments or alternative 
                                joint recommendation may 
                                provide a reasonable basis for 
                                withdrawing the direct final 
                                rule under subsection (o), 
                                section 342(a)(6)(B), or any 
                                other applicable law.
                          (ii) Action on withdrawal.--On 
                        withdrawal of a direct final rule under 
                        clause (i), the Secretary shall--
                                  (I) proceed with the notice 
                                of proposed rulemaking 
                                published simultaneously with 
                                the direct final rule as 
                                described in subparagraph 
                                (A)(i); and
                                  (II) publish in the Federal 
                                Register the reasons why the 
                                direct final rule was 
                                withdrawn.
                          (iii) Treatment of withdrawn direct 
                        final rules.--A direct final rule that 
                        is withdrawn under clause (i) shall not 
                        be considered to be a final rule for 
                        purposes of subsection (o).
                  (D) Effect of paragraph.--Nothing in this 
                paragraph authorizes the Secretary to issue a 
                direct final rule based solely on receipt of 
                more than 1 statement containing recommended 
                standards relating to the direct final rule.
  (q) Special Rule for Certain Types or Classes of Products.--
(1) A rule prescribing an energy conservation standard for a 
type (or class) of covered products shall specify a level of 
energy use or efficiency higher or lower than that which 
applies (or would apply) for such type (or class) for any group 
of covered products which have the same function or intended 
use, if the Secretary determines that covered products within 
such group--
          (A) consume a different kind of energy from that 
        consumed by other covered products within such type (or 
        class); or
          (B) have a capacity or other performance-related 
        feature which other products within such type (or 
        class) do not have and such feature justifies a higher 
        or lower standard from that which applies (or will 
        apply) to other products within such type (or class).
In making a determination under this paragraph concerning 
whether a performance-related feature justifies the 
establishment of a higher or lower standard, the Secretary 
shall consider such factors as the utility to the consumer of 
such a feature, and such other factors as the Secretary deems 
appropriate.
  (2) Any rule prescribing a higher or lower level of energy 
use or efficiency under paragraph (1) shall include an 
explanation of the basis on which such higher or lower level 
was established.
  (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.
  (s) Determination of Compliance With Standards.--Compliance 
with, and performance under, the energy conservation standards 
(except for design standards authorized by this part) 
established in, or prescribed under, this section shall be 
determined using the test procedures and corresponding 
compliance criteria prescribed under section 323.
  (t) Small Manufacturer Exemption.--(1) Subject to paragraph 
(2), the Secretary may, on application of any manufacturer, 
exempt such manufacturer from all or part of the requirements 
of any energy conservation standard established in or 
prescribed under this section for any period not longer than 
the 24-month period beginning on the date such rule becomes 
effective, if the Secretary finds that the annual gross 
revenues of such manufacturer from all its operations 
(including the manufacture and sale of covered products) does 
not exceed $8,000,000 for the 12-month period preceding the 
date of the application. In making such finding with respect to 
any manufacturer, the Secretary shall take into account the 
annual gross revenues of any other person who controls, is 
controlled by, or is under common control with, such 
manufacturer.
  (2) The Secretary may not exercise the authority granted 
under paragraph (1) with respect to any type (or class) of 
covered product subject to an energy conservation standard 
under this section unless the Secretary makes a finding, after 
obtaining the written views of the Attorney General, that a 
failure to allow an exemption under paragraph (1) would likely 
result in a lessening of competition.
  (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.
  (B) In establishing the test procedures under subparagraph 
(A), the Secretary shall--
          (i) consider existing definitions and test procedures 
        used for measuring energy consumption in standby mode 
        and other modes; and
          (ii) assess the current and projected future market 
        for battery chargers and external power supplies.
  (C) The assessment under subparagraph (B)(ii) shall include--
          (i) estimates of the significance of potential energy 
        savings from technical improvements to battery chargers 
        and external power supplies; and
          (ii) suggested product classes for energy 
        conservation standards.
  (D) Not later than 18 months after the date of enactment of 
this subsection, the Secretary shall hold a scoping workshop to 
discuss and receive comments on plans for developing energy 
conservation standards for energy use for battery chargers and 
external power supplies.
                  (E) External power supplies and battery 
                chargers.--
                          (i) Energy conservation standards.--
                                  (I) External power 
                                supplies.--Not later than 2 
                                years after the date of 
                                enactment of this subsection, 
                                the Secretary shall issue a 
                                final rule that determines 
                                whether energy conservation 
                                standards shall be issued for 
                                external power supplies or 
                                classes of external power 
                                supplies.
                                  (II) Battery chargers.--Not 
                                later than July 1, 2011, the 
                                Secretary shall issue a final 
                                rule that prescribes energy 
                                conservation standards for 
                                battery chargers or classes of 
                                battery chargers or determine 
                                that no energy conservation 
                                standard is technically 
                                feasible and economically 
                                justified.
  (ii) For each product class, any energy conservation 
standards issued under clause (i) shall be set at the lowest 
level of energy use that--
          (I) meets the criteria and procedures of subsections 
        (o), (p), (q), (r), (s), and (t); and
          (II) would result in significant overall annual 
        energy savings, considering standby mode and other 
        operating modes.
  (2) The Secretary and the Administrator shall collaborate and 
develop programs (including programs under section 324A and 
other voluntary industry agreements or codes of conduct) that 
are designed to reduce standby mode energy use.
          (3) Efficiency standards for class a external power 
        supplies.--
                  (A) In general.--Subject to subparagraphs (B) 
                through (E), a class A external power supply 
                manufactured on or after the later of July 1, 
                2008, or the date of enactment of this 
                paragraph shall meet the following standards:


------------------------------------------------------------------------
                               Active Mode
-------------------------------------------------------------------------
                                         Required Efficiency (decimal
          Nameplate Output                equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt                      0.5 times the Nameplate Output
------------------------------------------------------------------------
From 1 watt to not more than 51       The sum of 0.09 times the Natural
 watts                                 Logarithm of the Nameplate Output
                                       and 0.5
------------------------------------------------------------------------
Greater than 51 watts                 0.85
------------------------------------------------------------------------
No-Load Mode                          ..................................
                                     -----------------------------------
Nameplate Output                      Maximum Consumption
-------------------------------------
Not more than 250 watts               0.5 watts
------------------------------------------------------------------------

                  (B) Noncovered supplies.--A class A external 
                power supply shall not be subject to 
                subparagraph (A) if the class A external power 
                supply is--
                          (i) manufactured during the period 
                        beginning on July 1, 2008, and ending 
                        on June 30, 2015; and
                          (ii) made available by the 
                        manufacturer as a service part or a 
                        spare part for an end-use product--
                                  (I) that constitutes the 
                                primary load; and
                                  (II) was manufactured before 
                                July 1, 2008.
                  (C) Marking.--Any class A external power 
                supply manufactured on or after the later of 
                July 1, 2008 or the date of enactment of this 
                paragraph shall be clearly and permanently 
                marked in accordance with the External Power 
                Supply International Efficiency Marking 
                Protocol, as referenced in the ``Energy Star 
                Program Requirements for Single Voltage 
                External AC-DC and AC-AC Power Supplies, 
                version 1.1'' published by the Environmental 
                Protection Agency.
                  (D) Amendment of standards.--
                          (i) Final rule by july 1, 2011.--
                                  (I) In general.--Not later 
                                than July 1, 2011, the 
                                Secretary shall publish a final 
                                rule to determine whether the 
                                standards established under 
                                subparagraph (A) should be 
                                amended.
                                  (II) Administration.--The 
                                final rule shall--
                                          (aa) contain any 
                                        amended standards; and
                                          (bb) apply to 
                                        products manufactured 
                                        on or after July 1, 
                                        2013.
                          (ii) Final rule by july 1, 2015.--
                                  (I) In general.--Not later 
                                than July 1, 2015 the Secretary 
                                shall publish a final rule to 
                                determine whether the standards 
                                then in effect should be 
                                amended.
                                  (II) Administration.--The 
                                final rule shall--
                                          (aa) contain any 
                                        amended standards; and
                                          (bb) apply to 
                                        products manufactured 
                                        on or after July 1, 
                                        2017.
                  (E) Nonapplication of no-load mode energy 
                efficiency standards to external power supplies 
                for certain security or life safety alarms or 
                surveillance systems.--
                          (i) Definition of security or life 
                        safety alarm or surveillance system.--
                        In this subparagraph:
                                  (I) In general.--The term 
                                ``security or life safety alarm 
                                or surveillance system'' means 
                                equipment designed and marketed 
                                to perform any of the following 
                                functions (on a continuous 
                                basis):
                                          (aa) Monitor, detect, 
                                        record, or provide 
                                        notification of 
                                        intrusion or access to 
                                        real property or 
                                        physical assets or 
                                        notification of threats 
                                        to life safety.
                                          (bb) Deter or control 
                                        access to real property 
                                        or physical assets, or 
                                        prevent the 
                                        unauthorized removal of 
                                        physical assets.
                                          (cc) Monitor, detect, 
                                        record, or provide 
                                        notification of fire, 
                                        gas, smoke, flooding, 
                                        or other physical 
                                        threats to real 
                                        property, physical 
                                        assets, or life safety.
                                  (II) Exclusion.--The term 
                                ``security or life safety alarm 
                                or surveillance system'' does 
                                not include any product with a 
                                principal function other than 
                                life safety, security, or 
                                surveillance that--
                                          (aa) is designed and 
                                        marketed with a built-
                                        in alarm or theft-
                                        deterrent feature; or
                                          (bb) does not operate 
                                        necessarily and 
                                        continuously in active 
                                        mode.
                          (ii) Nonapplication of no-load mode 
                        requirements.--The No-Load Mode energy 
                        efficiency standards established by 
                        this paragraph shall not apply to an 
                        external power supply manufactured 
                        before July 1, 2017, that--
                                  (I) is an AC-to-AC external 
                                power supply;
                                  (II) has a nameplate output 
                                of 20 watts or more;
                                  (III) is certified to the 
                                Secretary as being designed to 
                                be connected to a security or 
                                life safety alarm or 
                                surveillance system component; 
                                and
                                  (IV) on establishment within 
                                the External Power Supply 
                                International Efficiency 
                                Marking Protocol, as referenced 
                                in the ``Energy Star Program 
                                Requirements for Single Voltage 
                                External Ac-Dc and Ac-Ac Power 
                                Supplies'', published by the 
                                Environmental Protection 
                                Agency, of a distinguishing 
                                mark for products described in 
                                this clause, is permanently 
                                marked with the distinguishing 
                                mark.
                          (iii) Administration.--In carrying 
                        out this subparagraph, the Secretary 
                        shall--
                                  (I) require, with appropriate 
                                safeguard for the protection of 
                                confidential business 
                                information, the submission of 
                                unit shipment data on an annual 
                                basis; and
                                  (II) restrict the eligibility 
                                of external power supplies for 
                                the exemption provided under 
                                this subparagraph on a finding 
                                that a substantial number of 
                                the external power supplies are 
                                being marketed to or installed 
                                in applications other than 
                                security or life safety alarm 
                                or surveillance systems.
          (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 
        supply is connected.
          (5) Exempt supplies.--
                  (A) February 10, 2014, rule.--
                          (i) In general.--An external power 
                        supply shall not be subject to the 
                        final rule entitled ``Energy 
                        Conservation Program: Energy 
                        Conservation Standards for External 
                        Power Supplies'', published at 79 Fed. 
                        Reg. 7845 (February 10, 2014), if the 
                        external power supply--
                                  (I) is manufactured during 
                                the period beginning on 
                                February 10, 2016, and ending 
                                on February 10, 2020;
                                  (II) is marked in accordance 
                                with the External Power Supply 
                                International Efficiency 
                                Marking Protocol, as in effect 
                                on February 10, 2016;
                                  (III) meets, where 
                                applicable, the standards under 
                                paragraph (3)(A), and has been 
                                certified to the Secretary as 
                                meeting International 
                                Efficiency Level IV or higher 
                                of the External Power Supply 
                                International Efficiency 
                                Marking Protocol, as in effect 
                                on February 10, 2016; and
                                  (IV) is made available by the 
                                manufacturer as a service part 
                                or a spare part for an end-use 
                                product that--
                                          (aa) constitutes the 
                                        primary load; and
                                          (bb) was manufactured 
                                        before February 10, 
                                        2016.
                          (ii) Reporting.--The Secretary may 
                        require manufacturers of products 
                        exempted pursuant to clause (i) to 
                        report annual total units shipped as 
                        service and spare parts that fall below 
                        International Efficiency Level VI.
                          (iii) Limitation of exemption.--The 
                        Secretary may issue a rule, after 
                        providing public notice and opportunity 
                        for public comment, to limit the 
                        applicability of the exemption 
                        established under clause (i) if the 
                        Secretary determines that the exemption 
                        is resulting in a significant reduction 
                        of the energy savings that would 
                        otherwise result from the final rule 
                        described in such clause.
                  (B) Amended standards.--
                          (i) In general.--The Secretary may 
                        exempt an external power supply from 
                        any amended standard under this 
                        subsection if the external power 
                        supply--
                                  (I) is manufactured within 
                                four years of the compliance 
                                date of the amended standard;
                                  (II) complies with applicable 
                                marking requirements adopted by 
                                the Secretary prior to the 
                                amendment;
                                  (III) meets the standards 
                                that were in effect prior to 
                                the amendment; and
                                  (IV) is made available by the 
                                manufacturer as a service part 
                                or a spare part for an end-use 
                                product that--
                                          (aa) constitutes the 
                                        primary load; and
                                          (bb) was manufactured 
                                        before the compliance 
                                        date of the amended 
                                        standard.
                          (ii) Reporting.--The Secretary may 
                        require manufacturers of a product 
                        exempted pursuant to clause (i) to 
                        report annual total units shipped as 
                        service and spare parts that do not 
                        meet the amended standard.
  (v) Refrigerated Beverage Vending Machines.--(1) Not later 
than 4 years after the date of enactment of this subsection, 
the Secretary shall prescribe, by rule, energy conservation 
standards for refrigerated bottle or canned beverage vending 
machines.
  (2) In establishing energy conservation standards under this 
subsection, the Secretary shall use the criteria and procedures 
prescribed under subsections (o) and (p).
  (3) Any energy conservation standard prescribed under this 
subsection shall apply to products manufactured 3 years after 
the date of publication of a final rule establishing the energy 
conservation standard.
  (w) Illuminated Exit Signs.--An illuminated exit sign 
manufactured on or after January 1, 2006, shall meet the 
version 2.0 Energy Star Program performance requirements for 
illuminated exit signs prescribed by the Environmental 
Protection Agency.
  (x) Torchieres.--A torchiere manufactured on or after January 
1, 2006--
          (1) shall consume not more than 190 watts of power; 
        and
          (2) shall not be capable of operating with lamps that 
        total more than 190 watts.
  (y) Low Voltage Dry-Type Distribution Transformers.--The 
efficiency of a low voltage dry-type distribution transformer 
manufactured on or after January 1, 2007, shall be the Class I 
Efficiency Levels for distribution transformers specified in 
table 4-2 of the ``Guide for Determining Energy Efficiency for 
Distribution Transformers'' published by the National 
Electrical Manufacturers Association (NEMA TP-1-2002).
  (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.
  (bb) Medium Base Compact Fluorescent Lamps.--(1) A bare lamp 
and covered lamp (no reflector) medium base compact fluorescent 
lamp manufactured on or after January 1, 2006, shall meet the 
following requirements prescribed by the August 9, 2001, 
version of the Energy Star Program Requirements for Compact 
Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-
Efficiency Specification issued by the Environmental Protection 
Agency and Department of Energy:
          (A) Minimum initial efficacy.
          (B) Lumen maintenance at 1000 hours.
          (C) Lumen maintenance at 40 percent of rated life.
          (D) Rapid cycle stress test.
          (E) Lamp life.
  (2) The Secretary may, by rule, establish requirements for 
color quality (CRI), power factor, operating frequency, and 
maximum allowable start time based on the requirements 
prescribed by the August 9, 2001, version of the Energy Star 
Program Requirements for Compact Fluorescent Lamps.
  (3) The Secretary may, by rule--
          (A) revise the requirements established under 
        paragraph (2); or
          (B) establish other requirements, after considering 
        energy savings, cost effectiveness, and consumer 
        satisfaction.
  (cc) Dehumidifiers.--(1) Dehumidifiers manufactured on or 
after October 1, 2007, shall have an Energy Factor that meets 
or exceeds the following values:

Product Capacity (pints/day):         Minimum Energy Factor (Liters/kWh)
    25.00 or less.............................................    1.00  
    25.01 - 35.00.............................................    1.20  
    35.01 - 54.00.............................................    1.30  
    54.01 - 74.99.............................................    1.50  
    75.00 or more.............................................     2.25.

          (2) Dehumidifiers manufactured on or after october 1, 
        2012.--Dehumidifiers manufactured on or after October 
        1, 2012, shall have an Energy Factor that meets or 
        exceeds the following values:


 
 
 
Product Capacity (pints/day):          Minimum Energy Factor (liters/
                                        kWh)
   Up to 35.00.......................  1.35
   35.01-45.00.......................  1.50
   45.01-54.00.......................  1.60
   54.01-75.00.......................  1.70
   Greater than 75.00................  2.5.

  (dd) Commercial Prerinse Spray Valves.--Commercial prerinse 
spray valves manufactured on or after January 1, 2006, shall 
have a flow rate of not more than 1.6 gallons per minute.
  (ee) Mercury Vapor Lamp Ballasts.--Mercury vapor lamp 
ballasts (other than specialty application mercury vapor lamp 
ballasts) shall not be manufactured or imported after January 
1, 2008.
  (ff) Ceiling Fans and Ceiling Fan Light Kits.--(1)(A) All 
ceiling fans manufactured on or after January 1, 2007, shall 
have the following features:
          (i) Fan speed controls separate from any lighting 
        controls.
          (ii) Adjustable speed controls (either more than 1 
        speed or variable speed).
          (iii) The capability of reversible fan action, except 
        for--
                  (I) fans sold for industrial applications;
                  (II) fans sold for outdoor applications; and
                  (III) cases in which safety standards would 
                be violated by the use of the reversible mode.
  (B) The Secretary may define the exceptions described in 
clause (iv) in greater detail, but shall not substantively 
expand the exceptions.
  (2)(A) Ceiling fan light kits with medium screw base sockets 
manufactured on or after January 1, 2007, shall be packaged 
with screw-based lamps to fill all screw base sockets.
  (B) The screw-based lamps required under subparagraph (A) 
shall--
          (i) meet the Energy Star Program Requirements for 
        Compact Fluorescent Lamps, version 3.0, issued by the 
        Department of Energy; or
          (ii) use light sources other than compact fluorescent 
        lamps that have lumens per watt performance at least 
        equivalent to comparably configured compact fluorescent 
        lamps meeting the Energy Star Program Requirements 
        described in clause (i).
  (3) Ceiling fan light kits with pin-based sockets for 
fluorescent lamps manufactured on or after January 1, 2007 
shall--
          (A) meet the Energy Star Program Requirements for 
        Residential Light Fixtures version 4.0 issued by the 
        Environmental Protection Agency; and
          (B) be packaged with lamps to fill all sockets.
  (4)(A) By January 1, 2007, the Secretary shall consider and 
issue requirements for any ceiling fan lighting kits other than 
those covered in paragraphs (2) and (3), including candelabra 
screw base sockets.
  (B) The requirements issued under subparagraph (A) shall be 
effective for products manufactured 2 years after the date of 
the final rule.
  (C) If the Secretary fails to issue a final rule by the date 
specified in subparagraph (A), any type of ceiling fan lighting 
kit described in subparagraph (A) that is manufactured after 
January 1, 2009--
          (i) shall not be capable of operating with lamps that 
        total more than 190 watts; and
          (ii) shall be packaged with lamps to fill all 
        sockets.
  (5)(A) After January 1, 2010, the Secretary may consider, and 
issue, if the requirements of subsections (o) and (p) are met, 
amended energy efficiency standards for ceiling fan light kits.
  (B) Any amended standards issued under subparagraph (A) shall 
apply to products manufactured not earlier than 2 years after 
the date of publication of the final rule establishing the 
amended standard.
  (6)(A) Notwithstanding any other provision of this Act, the 
Secretary may consider, and issue, if the requirements of 
subsections (o) and (p) are met, energy efficiency or energy 
use standards for electricity used by ceiling fans to circulate 
air in a room.
  (B) In issuing the standards under subparagraph (A), the 
Secretary shall consider--
          (i) exempting, or setting different standards for, 
        certain product classes for which the primary standards 
        are not technically feasible or economically justified; 
        and
          (ii) establishing separate exempted product classes 
        for highly decorative fans for which air movement 
        performance is a secondary design feature.
  (7) Section 327 shall apply to the products covered in 
paragraphs (1) through (4) beginning on the date of enactment 
of this subsection, except that any State or local labeling 
requirement for ceiling fans prescribed or enacted before the 
date of enactment of this subsection shall not be preempted 
until the labeling requirements applicable to ceiling fans 
established under section 324 take effect.
  (gg) Standby Mode Energy Use.--
          (1) Definitions.--
                  (A) In general.--Unless the Secretary 
                determines otherwise pursuant to subparagraph 
                (B), in this subsection:
                          (i) Active mode.--The term ``active 
                        mode'' means the condition in which an 
                        energy-using product--
                                  (I) is connected to a main 
                                power source;
                                  (II) has been activated; and
                                  (III) provides 1 or more main 
                                functions.
                          (ii) Off mode.--The term ``off mode'' 
                        means the condition in which an energy-
                        using product--
                                  (I) is connected to a main 
                                power source; and
                                  (II) is not providing any 
                                standby or active mode 
                                function.
                          (iii) Standby mode.--The term 
                        ``standby mode'' means the condition in 
                        which an energy-using product--
                                  (I) is connected to a main 
                                power source; and
                                  (II) offers 1 or more of the 
                                following user-oriented or 
                                protective functions:
                                          (aa) To facilitate 
                                        the activation or 
                                        deactivation of other 
                                        functions (including 
                                        active mode) by remote 
                                        switch (including 
                                        remote control), 
                                        internal sensor, or 
                                        timer.
                                          (bb) Continuous 
                                        functions, including 
                                        information or status 
                                        displays (including 
                                        clocks) or sensor-based 
                                        functions.
                  (B) Amended definitions.--The Secretary may, 
                by rule, amend the definitions under 
                subparagraph (A), taking into consideration the 
                most current versions of Standards 62301 and 
                62087 of the International Electrotechnical 
                Commission.
          (2) Test procedures.--
                  (A) In general.--Test procedures for all 
                covered products shall be amended pursuant to 
                section 323 to include standby mode and off 
                mode energy consumption, taking into 
                consideration the most current versions of 
                Standards 62301 and 62087 of the International 
                Electrotechnical Commission, with such energy 
                consumption integrated into the overall energy 
                efficiency, energy consumption, or other energy 
                descriptor for each covered product, unless the 
                Secretary determines that--
                          (i) the current test procedures for a 
                        covered product already fully account 
                        for and incorporate the standby mode 
                        and off mode energy consumption of the 
                        covered product; or
                          (ii) such an integrated test 
                        procedure is technically infeasible for 
                        a particular covered product, in which 
                        case the Secretary shall prescribe a 
                        separate standby mode and off mode 
                        energy use test procedure for the 
                        covered product, if technically 
                        feasible.
                  (B) Deadlines.--The test procedure amendments 
                required by subparagraph (A) shall be 
                prescribed in a final rule no later than the 
                following dates:
                          (i) December 31, 2008, for battery 
                        chargers and external power supplies.
                          (ii) March 31, 2009, for clothes 
                        dryers, room air conditioners, and 
                        fluorescent lamp ballasts.
                          (iii) June 30, 2009, for residential 
                        clothes washers.
                          (iv) September 30, 2009, for 
                        residential furnaces and boilers.
                          (v) March 31, 2010, for residential 
                        water heaters, direct heating 
                        equipment, and pool heaters.
                          (vi) March 31, 2011, for residential 
                        dishwashers, ranges and ovens, 
                        microwave ovens, and dehumidifiers.
                  (C) Prior product standards.--The test 
                procedure amendments adopted pursuant to 
                subparagraph (B) shall not be used to determine 
                compliance with product standards established 
                prior to the adoption of the amended test 
                procedures.
          (3) Incorporation into standard.--
                  (A) In general.--Subject to subparagraph (B), 
                based on the test procedures required under 
                paragraph (2), any final rule establishing or 
                revising a standard for a covered product, 
                adopted after July 1, 2010, shall incorporate 
                standby mode and off mode energy use into a 
                single amended or new standard, pursuant to 
                subsection (o), if feasible.
                  (B) Separate standards.--If not feasible, the 
                Secretary shall prescribe within the final rule 
                a separate standard for standby mode and off 
                mode energy consumption, if justified under 
                subsection (o).
  (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) a magnetic probe-start ballast 
                        with a minimum ballast efficiency of 94 
                        percent; or
                          (iii) a nonpulse-start electronic 
                        ballast with--
                                  (I) a minimum ballast 
                                efficiency of 92 percent for 
                                wattages greater than 250 
                                watts; and
                                  (II) a minimum ballast 
                                efficiency of 90 percent for 
                                wattages less than or equal to 
                                250 watts.
                  (B) Exclusions.--The standards established 
                under subparagraph (A) shall not apply to--
                          (i) fixtures with regulated lag 
                        ballasts;
                          (ii) fixtures that use electronic 
                        ballasts that operate at 480 volts; or
                          (iii) fixtures that--
                                  (I) are rated only for 150 
                                watt lamps;
                                  (II) are rated for use in wet 
                                locations, as specified by the 
                                National Electrical Code 2002, 
                                section 410.4(A); and
                                  (III) contain a ballast that 
                                is rated to operate at ambient 
                                air temperatures above 50+C, as 
                                specified by UL 1029-2001.
                  (C) Application.--The standards established 
                under subparagraph (A) shall apply to metal 
                halide lamp fixtures manufactured on or after 
                the later of--
                          (i) January 1, 2009; or
                          (ii) the date that is 270 days after 
                        the date of enactment of this 
                        subsection.
          (2) Final rule by january 1, 2012.--
                  (A) In general.--Not later than January 1, 
                2012, the Secretary shall publish a final rule 
                to determine whether the standards established 
                under paragraph (1) should be amended.
                  (B) Administration.--The final rule shall--
                          (i) contain any amended standard; and
                          (ii) apply to products manufactured 
                        on or after January 1, 2015.
          (3) Final rule by january 1, 2019.--
                  (A) In general.--Not later than January 1, 
                2019, the Secretary shall publish a final rule 
                to determine whether the standards then in 
                effect should be amended.
                  (B) Administration.--The final rule shall--
                          (i) contain any amended standards; 
                        and
                          (ii) apply to products manufactured 
                        after January 1, 2022.
          (4) Design and performance requirements.--
        Notwithstanding any other provision of law, any 
        standard established pursuant to this subsection may 
        contain both design and performance requirements.
  (ii) Application Date.--Section 327 applies--
          (1) to products for which energy conservation 
        standards are to be established under subsection (l), 
        (u), or (v) 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) 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) take effect.
          * * * * * * *

                            prohibited acts

  Sec. 332. (a) In General.--It shall be unlawful--
                  (1) for any manufacturer or private labeler 
                to 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;
                  (2) for any manufacturer, distributor, 
                retailer, or private labeler to remove from any 
                new covered product or render illegible any 
                label required to be provided with such product 
                under a rule under section 324;
                  (3) for any manufacturer to fail to permit 
                access to, or copying of, records required to 
                be supplied under this part, or fail to make 
                reports or provide other information required 
                to be supplied under this part;
                  (4) for any person to fail to comply with an 
                applicable requirement of section 326(a), 
                (b)(2), (b)(3), or (b)(5);
                  (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]
                  (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 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[.]; or
                  (8) for any person to--
                          (A) activate an activation lock for a 
                        grid-enabled water heater with 
                        knowledge that such water heater is not 
                        used as part of an electric thermal 
                        storage or demand response program;
                          (B) distribute an activation key for 
                        a grid-enabled water heater with 
                        knowledge that such activation key will 
                        be used to activate a grid-enabled 
                        water heater that is not used as part 
                        of an electric thermal storage or 
                        demand response program;
                          (C) otherwise enable a grid-enabled 
                        water heater to operate at its designed 
                        specification and capabilities with 
                        knowledge that such water heater is not 
                        used as part of an electric thermal 
                        storage or demand response program; or
                          (D) knowingly remove or render 
                        illegible the label of a grid-enabled 
                        water heater described in section 
                        325(e)(6)(A)(ii)(V).
  (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.

                              enforcement

  Sec. 333. (a) In General.--Except as provided in subsection 
(c), any person who knowingly violates any provision of section 
332 shall be subject to a civil penalty of not more than $100 
for each violation. Such penalties shall be assessed by the 
Commission, except that penalties for violations of section 
332(a)(3) which relate to requirements prescribed by the 
Secretary, violations of section 332(a)(4) which relate to 
requests of the Secretary under section 326(b)(2), or 
violations of [section 332(a)(5)] paragraph (5), (6), (7), or 
(8) of section 332(a) shall be assessed by the Secretary. Civil 
penalties assessed under this part may be compromised by the 
agency or officer authorized to assess the penalty, taking into 
account the nature and degree of the violation and the impact 
of the penalty upon a particular respondent. Each violation of 
[paragraph (1), (2), or (5) of section 332(a)] paragraph (1), 
(2), (5), (6), (7), or (8) of section 332(a) shall constitute a 
separate violation with respect to each covered product, and 
each day of violation of section 332(a) (3) or (4) shall 
constitute a separate violation.
  (b) Definition.--As used in subsection (a), the term 
``knowingly'' means (1) the having of actual knowledge, or (2) 
the presumed having of knowledge deemed to be possessed by a 
reasonable man who acts in the circumstances, including 
knowledge obtainable upon the exercise of due care.
  (c) Special Rule.--It shall be an unfair or deceptive act or 
practice in or affecting commerce (within the meaning of 
section 5(a)(1) of the Federal Trade Commission Act) for any 
person to violate section 323(c), except to the extent that 
such violation is prohibited under the provisions of section 
332(a)(1), in which case such provisions shall apply.
  (d) Procedure for Assessing Penalty.--(1) Before issuing an 
order assessing a civil penalty against any person under this 
section, the Secretary shall provide to such person notice of 
the proposed penalty. Such notice shall inform such person of 
his opportunity to elect in writing within 30 days after the 
date of receipt of such notice to have the procedures of 
paragraph (3) (in lieu of those of paragraph (2)) apply with 
respect to such assessment.
  (2)(A) Unless an election is made within 30 calendar days 
after receipt of notice under paragraph (1) to have paragraph 
(3) apply with respect to such penalty, the Secretary shall 
assess the penalty, by order, after a determination of 
violation has been made on the record after an opportunity for 
an agency hearing pursuant to section 554 of title 5, United 
States Code, before an administrative law judge appointed under 
section 3105 of such title 5. Such assessment order shall 
include the administrative law judge's findings and the basis 
for such assessment.
  (B) Any person against whom a penalty is assessed under this 
paragraph may, within 60 calendar days after the date of the 
order of the Secretary assessing such penalty, institute an 
action in the United States court of appeals for the 
appropriate judicial circuit for judicial review of such order 
in accordance with chapter 7 of title 5, United States Code. 
The court shall have jurisdiction to enter a judgment 
affirming, modifying, or setting aside in whole or in part, the 
order of the Secretary, or the court may remand the proceeding 
to the Secretary for such further action as the court may 
direct.
  (3)(A) In the case of any civil penalty with respect to which 
the procedures of this paragraph have been elected, the 
Secretary shall promptly assess such penalty, by order, after 
the date of the receipt of the notice under paragraph (1) of 
the proposed penalty.
  (B) If the civil penalty has not been paid within 60 calendar 
days after the assessment order has been made under 
subparagraph (A), the Secretary shall institute an action in 
the appropriate district court of the United States for an 
order affirming the assessment of the civil penalty. The court 
shall have authority to review de novo the law and the facts 
involved, and shall have jurisdiction to enter a judgment 
enforcing, modifying, and enforcing as so modified, or setting 
aside in whole or in part, such assessment.
  (C) Any election to have this paragraph apply may not be 
revoked except with the consent of the Secretary.
  (4) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order 
under paragraph (2), or after the appropriate district court 
has entered final judgment in favor of the Secretary under 
paragraph (3), the Secretary shall institute an action to 
recover the amount of such penalty in any appropriate district 
court of the United States. In such action, the validity and 
appropriateness of such final assessment order or judgment 
shall not be subject to review.
  (5)(A) Notwithstanding the provisions of title 28, United 
States Code, or section 502(c) of the Department of Energy 
Organization Act, the Secretary shall be represented by the 
general counsel of the Department of Energy (or any attorney or 
attorneys within the Department of Energy designated by the 
Secretary) who shall supervise, conduct, and argue any civil 
litigation to which paragraph (3) of this subsection applies 
(including any related collection action under paragraph (4)) 
in a court of the United States or in any other court, except 
the Supreme Court. However, the Secretary or the general 
counsel shall consult with the Attorney General concerning such 
litigation, and the Attorney General shall provide, on request, 
such assistance in the conduct of such litigation as may be 
appropriate.
  (B) Subject to the provisions of section 502(c) of the 
Department of Energy Organization Act, the Secretary shall be 
represented by the Attorney General, or the Solicitor General, 
as appropriate, in actions under this subsection, except to the 
extent provided in subparagraph (A) of this paragraph.
  (C) Section 402(d) of the Department of Energy Organization 
Act shall not apply with respect to the functions of the 
Secretary under this subsection.
  (6) For purposes of applying the preceding provisions of this 
subsection in the case of the assessment of a penalty by the 
Commission for a violation of paragraphs (1) and (2) of section 
332, references in such provisions to ``Secretary'' and 
``Department of Energy'' shall be considered to be references 
to the ``Commission''.

                         injunctive enforcement

  Sec. 334. The United States district courts shall have 
jurisdiction to restrain (1) any violation of section 332 and 
(2) any person from distributing in commerce any covered 
product which does not comply with an applicable rule under 
section 324 or 325. Any such action shall be brought by the 
Commission, except that any such action to restrain any 
violation of section 332(a)(3) which relates to requirements 
prescribed by the Secretary, any violation of section 332(a)(4) 
which relates to requests of the Secretary under section 
326(b)(2), or any violation of [section 332(a)(5)] paragraph 
(5), (6), (7), or (8) of section 332(a) shall be brought by the 
Secretary. Any such action to restrain any person from 
distributing in commerce a general service incandescent lamp 
that does not comply with the applicable standard established 
under section 325(i) or an adapter prohibited under [section 
332(a)(6)] section 332(a)(7) may also be brought by the 
attorney general of a State in the name of the State. Any such 
action may be brought in the United States district court for a 
district wherein any act, omission, or transaction constituting 
the violation occurred, or in such court for the district 
wherein the defendant is found or transacts business. In any 
action under this section, process may be served on a defendant 
in any other district in which the defendant resides or may be 
found.

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