[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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