[Senate Report 115-76]
[From the U.S. Government Publishing Office]
Calendar No. 95
115th Congress } { Report
SENATE
1st Session } { 115-76
======================================================================
POWER AND SECURITY SYSTEMS ACT
_______
May 24, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 190]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 190) to provide for consideration of the
extension under the Energy Policy and Conservation Act of
nonapplication of No-Load Mode energy efficiency standards to
certain security or life safety alarms or surveillance systems,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose
The purpose of S. 190 is to provide for consideration of
the extension under the Energy Policy and Conservation Act
(EPCA) of nonapplication of No-Load Mode energy efficiency
standards to certain security or life safety alarms or
surveillance systems.
Background and Need
Since the 1973 oil embargo and every subsequent energy
crisis, studies have shown that the United States could save
energy and money by investing in energy efficiency measures.
Today, efficient energy use and the deployment of more
efficient technologies are critical to the nation's economic
competitiveness and job creation. In addition, efficient energy
use reduces pollution that would be associated with energy
production. Nevertheless, many existing energy efficiency
technologies and programs have yet to be installed or
implemented.
The National Academies released a 2010 study entitled Real
Prospects for Energy Efficiency in the United States on the
potential for energy efficiency in commercial and residential
buildings, transportation, and manufacturing. The study found
that energy efficiency could more than offset the Energy
Information Administration's projected increase in U.S. energy
consumption through 2030.
In 2005, in the Energy Policy Act (Public Law 109-58),
Congress amended EPCA to define and direct the Department of
Energy (DOE) to set energy conservation standards for External
Power Supplies (EPS). DOE's EPS standards require test
procedures for products in ``no-load'' mode. No-load refers to
when a device is disconnected from its power-consuming ``load''
and performing no function. For example, when a cell phone
charger is plugged into the wall, but disconnected from an
actual phone, the charger is considered to be in no-load mode.
However, by definition, security and life safety products are
always on. Fire monitors, carbon monoxide monitors, intrusion
detection sensors, and access control readers require a
constant, uninterrupted power supply. Power supplies designed
to power security and life safety systems are always in
``active mode,'' and as such simply do not have a no-load mode
function.
As originally enacted, the Energy Independence and Security
Act of 2007 did not make a distinction between EPS types, and a
statutory exemption for fire and life safety systems is
necessary. In 2011, Congress enacted Public Law 111-360, to
exclude an external power supply for certain security or life
safety alarms and surveillance system components from the
application of certain energy efficiency standards under EPCA.
This law provided a five-year exemption for life safety and
security systems that expires on July 1, 2017. S. 190 extends
the life safety and security system exemption for as long as
the current EPS efficiency standard is in effect, and provides
DOE with the regulatory authority to extend the exemption in
any subsequent update to the standard.
Legislative History
S. 190 was introduced by Senators Gardner and Cantwell on
January 23, 2017.
Companion legislation, H.R. 511, was introduced in the
House by Representatives Welch and Brooks on January 12, 2017.
H.R. 511 was passed in the House of Representatives by a voice
vote under suspension of the rules on January 23, 2017.
In the 114th Congress, similar legislation was included in
the House amendment to S. 2012, the North American Energy
Security and Infrastructure Act of 2016, which passed the House
of Representatives on May 25, 2016, by a vote of 241-178.
The Committee on Energy and Natural Resources met in open
business session on March 30, 2017, and ordered S. 190
favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
190, as described herein.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides a short title.
Section 2. Extension of nonapplication of no-load mode energy
efficiency standard to certain security or life safety alarm or
surveillance systems
Section 2 (a) amends section 325 of EPCA (42 U.S.C. 6295)
to provide a six-year extension of the date the Secretary must
publish a final rule to determine whether EPS standards should
be amended by eliminating the 2015 deadline and inserting the
year 2021. This section further amends EPCA to provide a six-
year extension of the manufactured on date by eliminating the
July 1, 2017 deadline and inserting July 1, 2023.
Subsection (b) amends section 325 EPCA to extend the
security or life safety alarm or surveillance system exemption
for as long as the current EPS efficiency standard is in
effect, and to provide the Secretary of Energy with the
regulatory authority to extend the security or life safety
alarm or surveillance system exemption in any subsequent update
to the EPS standard.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
The Department of Energy (DOE) sets energy efficiency
standards for external power supplies (EPS), which convert
power drawn from a wall outlet into lower voltage power that
can be used directly by certain electronic devices. Under
current law, EPS designed to provide power to some types of
alarms and surveillance systems for security or safety are
exempt from such standards until July 1, 2017. S. 190 would
permanently exclude such EPS from those standards and authorize
the Secretary of Energy to treat some or all of those devices
as a separate product class.
CBO estimates that enacting S. 190 would have no
significant effect on the federal budget. Based on information
from DOE, we expect that any change in the agency's costs to
regulate or establish standards for technologies affected by
the bill (which would be subject to appropriation) would be
insignificant in any year.
Enacting S. 190 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 190 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 190 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out the bill.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of the bill, as ordered reported.
Congressionally Directed Spending
S. 190, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
Executive Communications on S. 190 were not requested by
the Committee on Energy and Natural Resources for the 115th
Congress.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ENERGY POLICY AND CONSERVATION ACT
Public Law 94-163, as amended
* * * * * * *
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.
* * * * * * *
(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 charges and external power supplies.
* * * * * * *
(3) Efficiency Standards for Class A External Power
Supplies.--
* * * * * * *
(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] 2021._
(I) In general.--Not later than July
1, [2015] 2021 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] 2023.
(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] the
effective date of the amendment under
subparagraph (D)(ii), 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.
(iv) Treatment in rule.--In the rule under
subparagraph (D)(ii) and subsequent amendments
the Secretary may treat some or all external
power supplies designed to be connected to a
security or life safety alarm or surveillance
system as a separate product class or may
extend the nonapplication under clause (ii).
* * * * * * *
[all]