[112th Congress Public Law 210]
[From the U.S. Government Printing Office]



[[Page 1513]]

         AMERICAN ENERGY MANUFACTURING TECHNICAL CORRECTIONS ACT

[[Page 126 STAT. 1514]]

Public Law 112-210
112th Congress

                                 An Act


 
   To allow for innovations and alternative technologies that meet or 
     exceed desired energy efficiency goals, and to make technical 
corrections to existing Federal energy efficiency laws to allow American 
  manufacturers to remain competitive. <<NOTE: Dec. 18, 2012 -  [H.R. 
                                6582]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: American Energy 
Manufacturing Technical Corrections Act. 42 USC 6201 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Energy Manufacturing 
Technical Corrections Act''.
SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES.

    Section 342(f) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(f)) is amended--
            (1) in paragraph (1), by striking ``paragraphs (2) through 
        (5)'' and inserting ``paragraphs (2) through (6)''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Innovative component technologies.--Subparagraph (C) 
        of paragraph (1) shall not apply to a walk-in cooler or walk-in 
        freezer component if the component manufacturer has demonstrated 
        to the satisfaction of the Secretary that the component reduces 
        energy consumption at least as much as if such subparagraph were 
        to apply. In support of any demonstration under this paragraph, 
        a manufacturer shall provide to the Secretary all data and 
        technical information necessary to fully evaluate its 
        application.''.
SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.

    Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(e)) is amended by adding at the end the following:
            ``(5) Uniform efficiency descriptor for covered water 
        heaters.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) Covered water heater.--The term `covered 
                      water heater' means--
                                    ``(I) a water heater; and
                                    ``(II) a storage water heater, 
                                instantaneous water heater, and unfired 
                                hot water storage tank (as defined in 
                                section 340).
                          ``(ii) Final rule.--The term `final rule' 
                      means the final rule published under this 
                      paragraph.
                    ``(B) Publication of final rule.--
                Not <<NOTE: Deadline.>> later than 1 year after the date 
                of enactment of this paragraph, the

[[Page 126 STAT. 1515]]

                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) <<NOTE: Applicability.>> shall apply during 
                      the period--
                                    ``(I) <<NOTE: Federal Register, 
                                publication.>> 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

[[Page 126 STAT. 1516]]

                      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) <<NOTE: Contracts.>>  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) <<NOTE: Compliance.>>  Existing covered water 
                heaters.--A covered water heater shall be considered to 
                comply with the final rule on and after the effective 
                date of the final rule and with any revised labeling 
                requirements established by the Federal Trade Commission 
                to carry out the final rule if the covered water 
                heater--
                          ``(i) was manufactured prior to the effective 
                      date of the final rule; and
                          ``(ii) complied with the efficiency standards 
                      and labeling requirements in effect prior to the 
                      final rule.''.
SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                    TEMPERATURE COMMERCIAL REFRIGERATORS.

    Section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(c)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (E); and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) <<NOTE: Definition.>> The term `service over 
                the counter, self-contained, medium temperature 
                commercial refrigerator' or `(SOC-SC-M)' means a medium 
                temperature commercial refrigerator--
                          ``(i) with a self-contained condensing unit 
                      and equipped with sliding or hinged doors in the 
                      back intended for use by sales personnel, and with 
                      glass or other transparent material in the front 
                      for displaying merchandise; and
                          ``(ii) that has a height not greater than 66 
                      inches and is intended to serve as a counter for 
                      transactions between sales personnel and 
                      customers.

[[Page 126 STAT. 1517]]

                    ``(D) <<NOTE: Definition.>> The term `TDA' means the 
                total display area (ft\2\) of the refrigerated case, as 
                defined in AHRI Standard 1200.'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following:
            
        ``(4)(A) <<NOTE: Deadlines. Determinations. Regulations.>> Each 
        SOC-SC-M manufactured on or after January 1, 2012, shall have a 
        total daily energy consumption (in kilowatt hours per day) of 
        not more than 0.6 <dbl-dagger> TDA + 1.0.
            ``(B) Not later than 3 years after the date of enactment of 
        this paragraph, the Secretary shall--
                    ``(i) determine whether the standard established 
                under subparagraph (A) should be amended; and
                    ``(ii) if the Secretary determines that such 
                standard should be amended, issue a final rule 
                establishing an amended standard.
            ``(C) <<NOTE: Applicability. Publication.>> If the Secretary 
        issues a final rule pursuant to subparagraph (B) establishing an 
        amended standard, the final rule shall provide that the amended 
        standard shall apply to products manufactured on or after the 
        date that is--
                    ``(i) 3 years after the date on which the final 
                amended standard is published; or
                    ``(ii) if the Secretary determines, by rule, that 3 
                years is inadequate, not later than 5 years after the 
                date on which the final rule is published.''.
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE 
                    CHANGES.

    (a) Through-the-Wall Central Air Conditioners, Through-the-Wall 
Central Air Conditioning Heat Pumps, and Small Duct, High Velocity 
Systems.--Section 325(d) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(d)) is amended by adding at the end the following:
            ``(4) Standards for through-the-wall central air 
        conditioners, through-the-wall central air conditioning heat 
        pumps, and small duct, high velocity systems.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) Small duct, high velocity system.--The 
                      term `small duct, high velocity system' means a 
                      heating and cooling product that contains a blower 
                      and indoor coil combination that--
                                    ``(I) is designed for, and produces, 
                                at least 1.2 inches of external static 
                                pressure when operated at the certified 
                                air volume rate of 220-350 CFM per rated 
                                ton of cooling; and
                                    ``(II) when applied in the field, 
                                uses high velocity room outlets 
                                generally greater than 1,000 fpm that 
                                have less than 6.0 square inches of free 
                                area.
                          ``(ii) Through-the-wall central air 
                      conditioner; through-the-wall central air 
                      conditioning heat pump.--The terms `through-the-
                      wall central air conditioner' and `through-the-
                      wall central air conditioning heat pump' mean a 
                      central air conditioner or heat pump, 
                      respectively, that is designed to be installed 
                      totally or partially within a fixed-size opening 
                      in an exterior wall, and--

[[Page 126 STAT. 1518]]

                                    ``(I) is not weatherized;
                                    ``(II) is clearly and permanently 
                                marked for installation only through an 
                                exterior wall;
                                    ``(III) has a rated cooling capacity 
                                no greater than 30,000 Btu/hr;
                                    ``(IV) exchanges all of its outdoor 
                                air across a single surface of the 
                                equipment cabinet; and
                                    ``(V) has a combined outdoor air 
                                exchange area of less than 800 square 
                                inches (split systems) or less than 
                                1,210 square inches (single packaged 
                                systems) as measured on the surface area 
                                described in subclause (IV).
                          ``(iii) Revision.--The Secretary may revise 
                      the definitions contained in this subparagraph 
                      through publication of a final rule.
                    ``(B) Small-duct high-velocity systems.--
                          ``(i) Seasonal energy efficiency ratio.--The 
                      seasonal energy efficiency ratio for small-duct 
                      high-velocity systems shall be not less than--
                                    ``(I) 11.00 for products 
                                manufactured on or after January 23, 
                                2006; and
                                    ``(II) 12.00 for products 
                                manufactured on or after January 1, 
                                2015.
                          ``(ii) Heating seasonal performance factor.--
                      The heating seasonal performance factor for small-
                      duct high-velocity systems shall be not less 
                      than--
                                    ``(I) 6.8 for products manufactured 
                                on or after January 23, 2006; and
                                    ``(II) 7.2 for products manufactured 
                                on or after January 1, 2015.
                    ``(C) Subsequent rulemakings.--The Secretary shall 
                conduct subsequent rulemakings for through-the-wall 
                central air conditioners, through-the-wall central air 
                conditioning heat pumps, and small duct, high velocity 
                systems as part of any rulemaking under this section 
                used to review or revise standards for other central air 
                conditioners and heat pumps.''.

    (b) Duty To Review Commercial Equipment.--Section 342(a)(6) of the 
Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
            (1) in subparagraph (A)(i), by inserting ``the standard 
        levels or design requirements applicable under that standard 
        to'' immediately before ``any small commercial''; and
            (2) in subparagraph (C)--
                    (A) in clause (i)--
                          (i) by striking ``Not later than 6 years after 
                      issuance of any final rule establishing or 
                      amending a standard, as required for a product 
                      under this part,'' and inserting ``Every 6 
                      years,''; and
                          (ii) by inserting after ``the Secretary 
                      shall'' the 
                      following: <<NOTE: Evaluation.>> ``conduct an 
                      evaluation of each class of covered equipment and 
                      shall''; and
                    (B) by adding at the end the following:
                          
                      ``(vi) <<NOTE: Notice. Publication. Deadline.>> For
                       any covered equipment as to which more than 6 
                      years has elapsed since the issuance of the most 
                      recent final rule establishing or amending a 
                      standard for the product as of the date of 
                      enactment

[[Page 126 STAT. 1519]]

                      of this clause, the first notice required under 
                      clause (i) shall be published by December 31, 
                      2013.''.

    (c) Petition for Amended Standards.--Section 325(n) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(n)) is amended--
            (1) by redesignating paragraph (3) as paragraph (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Notice of decision.--Not <<NOTE: Deadline. Federal 
        Register, publication.>> 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 <<NOTE: Deadline. Federal Register, 
        publication. Regulations. Determination.>> later than 3 years 
        after the date of granting a petition for new or amended 
        standards, the Secretary shall publish in the Federal Register--
                    ``(A) a final rule that contains the new or amended 
                standards; or
                    ``(B) a determination that no new or amended 
                standards are necessary.''.
SEC. 6. <<NOTE: 42 USC 6351.>> COORDINATION OF RESEARCH AND 
                    DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGIES 
                    FOR INDUSTRY.

    (a) In General.--As part of the research and development activities 
of the Industrial Technologies Program of the Department of Energy, the 
Secretary of Energy (referred to in this section as the ``Secretary'') 
shall establish, as appropriate, collaborative research and development 
partnerships with other programs within the Office of Energy Efficiency 
and Renewable Energy (including the Building Technologies Program), the 
Office of Electricity Delivery and Energy Reliability, and the Office of 
Science that--
            (1) leverage the research and development expertise of those 
        programs to promote early stage energy efficiency technology 
        development;
            (2) support the use of innovative manufacturing processes 
        and applied research for development, demonstration, and 
        commercialization of new technologies and processes to improve 
        efficiency (including improvements in efficient use of water), 
        reduce emissions, reduce industrial waste, and improve 
        industrial cost-competitiveness; and
            (3) apply the knowledge and expertise of the Industrial 
        Technologies Program to help achieve the program goals of the 
        other programs.

    (b) Reports.--Not later than 2 years after the date of enactment of 
this Act and biennially thereafter, the Secretary shall submit to 
Congress a report that describes actions taken to carry out subsection 
(a) and the results of those actions.
SEC. 7. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL ENERGY 
                    EFFICIENCY.

    (a) Definitions.--In this section:
            (1) Industrial energy efficiency.--The term ``industrial 
        energy efficiency'' means the energy efficiency derived from 
        commercial technologies and measures to improve energy 
        efficiency or to generate or transmit electric power and heat, 
        including electric motor efficiency improvements, demand 
        response, direct or indirect combined heat and power, and waste 
        heat recovery.
            (2) Industrial sector.--The term ``industrial sector'' means 
        any subsector of the manufacturing sector (as defined

[[Page 126 STAT. 1520]]

        in North American Industry Classification System codes 31-33 (as 
        in effect on the date of enactment of this Act)) establishments 
        of which have, or could have, thermal host facilities with 
        electricity requirements met in whole, or in part, by onsite 
        electricity generation, including direct and indirect combined 
        heat and power or waste recovery.

    (b) Report on the Deployment of Industrial Energy Efficiency.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Commerce of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        a report describing--
                    (A) the results of the study conducted under 
                paragraph (2); and
                    (B) recommendations and guidance developed under 
                paragraph (3).
            (2) Study.--The Secretary, in coordination with the 
        industrial sector and other stakeholders, shall conduct a study 
        of the following:
                    (A) The legal, regulatory, and economic barriers to 
                the deployment of industrial energy efficiency in all 
                electricity markets (including organized wholesale 
                electricity markets, and regulated electricity markets), 
                including, as applicable, the following:
                          (i) Transmission and distribution 
                      interconnection requirements.
                          (ii) Standby, back-up, and maintenance fees 
                      (including demand ratchets).
                          (iii) Exit fees.
                          (iv) Life of contract demand ratchets.
                          (v) Net metering.
                          (vi) Calculation of avoided cost rates.
                          (vii) Power purchase agreements.
                          (viii) Energy market structures.
                          (ix) Capacity market structures.
                          (x) Other barriers as may be identified by the 
                      Secretary, in coordination with the industrial 
                      sector and other stakeholders.
                    (B) Examples of--
                          (i) successful State and Federal policies that 
                      resulted in greater use of industrial energy 
                      efficiency;
                          (ii) successful private initiatives that 
                      resulted in greater use of industrial energy 
                      efficiency; and
                          (iii) cost-effective policies used by foreign 
                      countries to foster industrial energy efficiency.
                    (C) The estimated economic benefits to the national 
                economy of providing the industrial sector with Federal 
                energy efficiency matching grants of $5,000,000,000 for 
                5- and 10-year periods, including benefits relating to--
                          (i) estimated energy and emission reductions;
                          (ii) direct and indirect jobs saved or 
                      created;
                          (iii) direct and indirect capital investment;
                          (iv) the gross domestic product; and
                          (v) trade balance impacts.

[[Page 126 STAT. 1521]]

                    (D) The estimated energy savings available from 
                increased use of recycled material in energy-intensive 
                manufacturing processes.
            (3) Recommendations and guidance.--The Secretary, in 
        coordination with the industrial sector and other stakeholders, 
        shall develop policy recommendations regarding the deployment of 
        industrial energy efficiency, including proposed regulatory 
        guidance to States and relevant Federal agencies to address 
        barriers to deployment.
SEC. 8. BEST PRACTICES FOR ADVANCED METERING.

    Section 543(e) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(e)) is amended by striking paragraph (3) and inserting the 
following:
            ``(3) Plan.--Not <<NOTE: Deadline.>> later than 180 days 
        after the date on which guidelines are established under 
        paragraph (2), in a report submitted by the agency under section 
        548(a), each agency shall submit to the Secretary a plan 
        describing the manner in which the agency will implement the 
        requirements of paragraph (1), including--
                    ``(A) how the agency will designate personnel 
                primarily responsible for achieving the requirements; 
                and
                    ``(B) a demonstration by the agency, complete with 
                documentation, of any finding that advanced meters or 
                advanced metering devices (as those terms are used in 
                paragraph (1)), are not practicable.
            ``(4) Best practices report.--
                    ``(A) In general.--Not later than 180 days after the 
                date of enactment of this paragraph, the Secretary of 
                Energy, in consultation with the Secretary of Defense 
                and the Administrator of General Services, shall 
                develop, and issue a report on, best practices for the 
                use of advanced metering of energy use in Federal 
                facilities, buildings, and equipment by Federal 
                agencies.
                    ``(B) Components.--The report shall include, at a 
                minimum--
                          ``(i) summaries and analysis of the reports by 
                      agencies under paragraph (3);
                          ``(ii) recommendations on standard 
                      requirements or guidelines for automated energy 
                      management systems, including--
                                    ``(I) potential common 
                                communications standards to allow data 
                                sharing and reporting;
                                    ``(II) means of facilitating 
                                continuous commissioning of buildings 
                                and evidence-based maintenance of 
                                buildings and building systems; and
                                    ``(III) standards for sufficient 
                                levels of security and protection 
                                against cyber threats to ensure systems 
                                cannot be controlled by unauthorized 
                                persons; and
                          ``(iii) an analysis of--
                                    ``(I) the types of advanced metering 
                                and monitoring systems being piloted, 
                                tested, or installed in Federal 
                                buildings; and
                                    ``(II) existing techniques used 
                                within the private sector or other non-
                                Federal government buildings.''.

[[Page 126 STAT. 1522]]

SEC. 9. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) by redesignating the second subsection (f) (as added by 
        section 434(a) of Public Law 110-140 (121 Stat. 1614)) as 
        subsection (g); and
            (2) in subsection (f)(7), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--For <<NOTE: Web posting.>> each 
                facility that meets the criteria established by the 
                Secretary under paragraph (2)(B), the energy manager 
                shall use the web-based tracking system under 
                subparagraph (B)--
                          ``(i) <<NOTE: Certification.>> to certify 
                      compliance with the requirements for--
                                    ``(I) energy and water evaluations 
                                under paragraph (3);
                                    ``(II) implementation of identified 
                                energy and water measures under 
                                paragraph (4); and
                                    ``(III) follow-up on implemented 
                                measures under paragraph (5); and
                          ``(ii) to publish energy and water consumption 
                      data on an individual facility basis.''.
SEC. 10. TECHNICAL CORRECTIONS.

    (a) Title III of Energy Independence and Security Act of 2007--
Energy Savings Through Improved Standards for Appliances and Lighting.--
            (1) Section 325(u) of the Energy Policy and Conservation Act 
        (42 U.S.C. 6295(u)) (as amended by section 301(c) of the Energy 
        Independence and Security Act of 2007 (121 Stat. 1550)) is 
        amended--
                    (A) by redesignating paragraph (7) as paragraph (4); 
                and
                    (B) in paragraph (4) (as so redesignated), by 
                striking ``supplies is'' and inserting ``supply is''.
            (2) Section 302(b) of the Energy Independence and Security 
        Act of 2007 <<NOTE: 42 USC 6314.>> (121 Stat. 1551) is amended 
        by striking ``6313(a)'' and inserting ``6314(a)''.
            (3) Section 342(a)(6) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) of 
        the Energy Independence and Security Act of 2007 (121 Stat. 
        1554)) is amended--
                    (A) in subparagraph (B)--
                          (i) by striking ``If the Secretary'' and 
                      inserting the following:
                          ``(i) In general.--If the Secretary'';
                          (ii) by striking ``clause (ii)(II)'' and 
                      inserting ``subparagraph (A)(ii)(II)'';
                          (iii) by striking ``clause (i)'' and inserting 
                      ``subparagraph (A)(i)''; and
                          (iv) by adding at the end the following:
                          ``(ii) Factors.--
                      In <<NOTE: Determination.>> determining whether a 
                      standard is economically justified for the 
                      purposes of subparagraph (A)(ii)(II), the 
                      Secretary shall, after receiving views and 
                      comments furnished with respect to the proposed 
                      standard, determine whether the benefits of

[[Page 126 STAT. 1523]]

                      the standard exceed the burden of the proposed 
                      standard by, to the maximum extent practicable, 
                      considering--
                                    ``(I) the economic impact of the 
                                standard on the manufacturers and on the 
                                consumers of the products subject to the 
                                standard;
                                    ``(II) the savings in operating 
                                costs throughout the estimated average 
                                life of the product in the type (or 
                                class) compared to any increase in the 
                                price of, or in the initial charges for, 
                                or maintenance expenses of, the products 
                                that are likely to result from the 
                                imposition of the standard;
                                    ``(III) the total projected quantity 
                                of energy savings likely to result 
                                directly from the imposition of the 
                                standard;
                                    ``(IV) any lessening of the utility 
                                or the performance of the products 
                                likely to result from the imposition of 
                                the standard;
                                    ``(V) the impact of any lessening of 
                                competition, as determined in writing by 
                                the Attorney General, that is likely to 
                                result from the imposition of the 
                                standard;
                                    ``(VI) the need for national energy 
                                conservation; and
                                    ``(VII) other factors the Secretary 
                                considers relevant.
                          ``(iii) Administration.--
                                    ``(I) Energy use and efficiency.--
                                The Secretary may not prescribe any 
                                amended standard under this paragraph 
                                that increases the maximum allowable 
                                energy use, or decreases the minimum 
                                required energy efficiency, of a covered 
                                product.
                                    ``(II) Unavailability.--
                                            ``(aa) In general.--The 
                                        Secretary may not prescribe an 
                                        amended standard under this 
                                        subparagraph if the Secretary 
                                        finds (and publishes the 
                                        finding) that interested persons 
                                        have established by a 
                                        preponderance of the evidence 
                                        that a standard is likely to 
                                        result in the unavailability in 
                                        the United States in any product 
                                        type (or class) of performance 
                                        characteristics (including 
                                        reliability, features, sizes, 
                                        capacities, and volumes) that 
                                        are substantially the same as 
                                        those generally available in the 
                                        United States at the time of the 
                                        finding of the Secretary.
                                            ``(bb) Other types or 
                                        classes.--The failure of some 
                                        types (or classes) to meet the 
                                        criterion established under this 
                                        subclause shall not affect the 
                                        determination of the Secretary 
                                        on whether to prescribe a 
                                        standard for the other types or 
                                        classes.''; and
                    (B) in subparagraph (C)(iv), by striking ``An 
                amendment prescribed under this subsection'' and 
                inserting ``Notwithstanding subparagraph (D), an 
                amendment prescribed under this subparagraph''.

[[Page 126 STAT. 1524]]

            (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
        Conservation Act (as added by section 306(c) of the Energy 
        Independence and Security Act of 2007 <<NOTE: 42 USC 
        6313.>> (121 Stat. 1559)) is transferred and redesignated as 
        clause (vi) of section 342(a)(6)(C) of the Energy Policy and 
        Conservation Act (as amended by section 305(b)(2) of the Energy 
        Independence and Security Act of 2007 (121 Stat. 1554)).
            (5) Section 345 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
        Independence and Security Act of 2007 (121 Stat. 1567)) is 
        amended--
                    (A) by striking ``subparagraphs (B) through (G)'' 
                each place it appears and inserting ``subparagraphs (B), 
                (C), (D), (I), (J), and (K)'';
                    (B) by striking ``part A'' each place it appears and 
                inserting ``part B'';
                    (C) in subsection (a)--
                          (i) in paragraph (8), by striking ``and'' at 
                      the end;
                          (ii) in paragraph (9), by striking the period 
                      at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
            ``(10) <<NOTE: Applicability. Effective date.>> section 327 
        shall apply with respect to the equipment described in section 
        340(1)(L) beginning on the date on which a final rule 
        establishing an energy conservation standard is issued by the 
        Secretary, except that any State or local standard prescribed or 
        enacted for the equipment before the date on which the final 
        rule is issued shall not be preempted until the energy 
        conservation standard established by the Secretary for the 
        equipment takes effect.'';
                    (D) in subsection (b)(1), by striking ``section 
                325(p)(5)'' and inserting ``section 325(p)(4)''; and
                    (E) in subsection (h)(3), by striking ``section 
                342(f)(3)'' and inserting ``section 342(f)(4)''.
            (6) Section 321(30)(D)(i)(III) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by 
        section 321(a)(1)(A) of the Energy Independence and Security Act 
        of 2007 (121 Stat. 1574)) is amended by inserting before the 
        semicolon the following: ``or, in the case of a modified 
        spectrum lamp, not less than 232 lumens and not more than 1,950 
        lumens''.
            (7) Section 321(30)(T) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6291(30)(T)) (as amended by section 321(a)(1)(B) 
        of the Energy Independence and Security Act of 2007 (121 Stat. 
        1574)) is amended--
                    (A) in clause (i)--
                          (i) by striking the comma after ``household 
                      appliance'' and inserting ``and''; and
                          (ii) by striking ``and is sold at retail,''; 
                      and
                    (B) in clause (ii), by inserting ``when sold at 
                retail,'' before ``is designated''.
            (8) Section 325(l)(4)(A) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
        section 321(a)(3)(B) of the Energy Independence and Security Act 
        of 2007 (121 Stat. 1581)) is amended by striking ``only''.
            (9) Section 327(b)(1)(B) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
        section

[[Page 126 STAT. 1525]]

        321(d)(3) of the Energy Independence and Security Act of 2007 
        (121 Stat. 1585)) is amended--
                    (A) in clause (i), by inserting ``and'' after the 
                semicolon at the end;
                    (B) in clause (ii), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking clause (iii).
            (10) Section 321(30)(C)(ii) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
        section 322(a)(1)(B) of the Energy Independence and Security Act 
        of 2007 (121 Stat. 1587)) is amended by inserting a period after 
        ``40 watts or higher''.
            (11) Section 322(b) of the Energy Independence and Security 
        Act of 2007 <<NOTE: 42 USC 6295.>> (121 Stat. 1588) is amended 
        by striking ``6995(i)'' and inserting ``6295(i)''.
            (12) Section 325(b) of the Energy Independence and Security 
        Act of 2007 <<NOTE: 42 USC 6294.>> (121 Stat. 1596) is amended 
        by striking ``6924(c)'' and inserting ``6294(c)''.
            (13) <<NOTE: Effective date. 42 USC 6291 note.>> This 
        subsection and the amendments made by this subsection take 
        effect as if included in the Energy Independence and Security 
        Act of 2007 (Public Law 110-140; 121 Stat. 1492).

    (b) Energy Policy Act of 2005.--
            (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
        section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
        amended by striking ``20F'' and inserting ``negative 20F''.
            (2) <<NOTE: Effective date. 42 USC 6295 note.>> This 
        subsection and the amendment made by this subsection take effect 
        as if included in the Energy Policy Act of 2005 (Public Law 109-
        58; 119 Stat. 594).

    (c) Energy Policy and Conservation Act.--
            (1) Section 340(2)(B) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6311(2)(B)) is amended--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) in clause (xii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                          ``(xiii) other motors.''.
            (2) Section 343(a) of the Energy Policy and Conservation Act 
        (42 U.S.C. 6314(a)) is amended by striking ``Air-Conditioning 
        and Refrigeration Institute'' each place it appears in

[[Page 126 STAT. 1526]]

        paragraphs (4)(A) and (7) and inserting ``Air-Conditioning, 
        Heating, and Refrigeration Institute''.

    Approved December 18, 2012.

LEGISLATIVE HISTORY--H.R. 6582:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            Dec. 4, considered and passed House.
            Dec. 6, considered and passed Senate.

                                  <all>