HR 4626 — Home Appliance Protection and Affordability Act

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 italics, 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

 definitions

 Sec. 321. For purposes of this part:
 (1) The term ``consumer product'' means any article 
 (other than an automobile, as defined in section 
 32901(a)(3) of title 49, United States Code) of a 
 type--
 (A) which in operation consumes, or is 
 designed to consume, energy or[, with respect 
 to showerheads, faucets, water closets, and 
 urinals, water] water, as applicable; and
 (B) which, to any significant extent, is 
 distributed in commerce for personal use or 
 consumption by individuals;
 without regard to whether such article of such type is 
 in fact distributed in commerce for personal use or 
 consumption by an individual, except that such term 
 includes fluorescent lamp ballasts, general service 
 fluorescent lamps, incandescent reflector lamps, 
 showerheads, faucets, water closets, and urinals 
 distributed in commerce for personal or commercial use 
 or consumption.
 (2) The term ``covered product'' means a consumer 
 product of a type specified in section 322.
 (3) The term ``energy'' means electricity, or fossil 
 fuels. The Secretary may, by rule, include other fuels 
 within the meaning of the term ``energy'' if he 
 determines that such inclusion is necessary or 
 appropriate to carry out the purposes of this Act.
 (4) The term ``energy use'' means the quantity of 
 energy directly consumed by a consumer product at point 
 of use, determined in accordance with test procedures 
 under section 323.
 (5) The term ``energy efficiency'' means the ratio of 
 the useful output of services from a consumer product 
 to the energy use of such product, determined in 
 accordance with test procedures under section 323.
 (6) The term ``energy conservation standard'' means--
 (A) a performance standard which prescribes a 
 minimum level of energy efficiency or a maximum 
 quantity of energy use[, or, in the case of 
 showerheads, faucets, water closets, and 
 urinals, water use,] or water use, as 
 applicable, for a covered product, determined 
 in accordance with test procedures prescribed 
 under section 323; or
 (B) a design requirement for the products 
 specified in paragraphs (6), (7), (8), (10), 
 (15), (16), (17), and (20) of section 322(a); 
 and
 includes any other requirements which the Secretary may 
 prescribe under section 325(r).
 (7) The term ``estimated annual operating cost'' 
 means the aggregate retail cost of the energy which is 
 likely to be consumed annually, and [in the case of 
 showerheads, faucets, water closets, and urinals], as 
 applicable, the aggregate retail cost of water and 
 wastewater treatment services likely to be incurred 
 annually, in representative use of a consumer product, 
 determined in accordance with section 323.
 (8) The term ``measure of energy consumption'' means 
 energy use, energy efficiency, estimated annual 
 operating cost, or other measure of energy consumption.
 (9) The term ``class of covered products'' means a 
 group of covered products, the functions or intended 
 uses of which are similar (as determined by the 
 Secretary).
 (10) The term ``manufacture'' means to manufacture, 
 produce, assemble, or import.
 (11) The terms ``import'' and ``importation'' mean to 
 import in to the customs territory of the United 
 States.
 (12) The term ``manufacturer'' means any person who 
 manufactures a consumer product.
 (13) The term ``retailer'' means a person to whom a 
 consumer product is delivered or sold, if such delivery 
 or sale is for purposes of sale or distribution in 
 commerce to purchasers who buy such product for 
 purposes other than resale.
 (14) The term ``distributor'' means a person (other 
 than a manufacturer or retailer) to whom a consumer 
 product is delivered or sold for purposes of 
 distribution in commerce.
 (15)(A) The term ``private labeler'' means an owner 
 of a brand or trademark on the label of a consumer 
 product which bears a private label.
 (B) A consumer product bears a private label if (i) 
 such product (or its container) is labeled with the 
 brand or trademark of a person other than a 
 manufacturer of such product, (ii) the person with 
 whose brand or trademark such product (or container) is 
 labeled has authorized or caused such product to be so 
 labeled, and (iii) the brand or trademark of a 
 manufacturer of such product does not appear on such 
 label.
 (16) The term ``to distribute in commerce'' and 
 ``distribution in commerce'' mean to sell in commerce, 
 to import, to introduce or deliver for introduction 
 into commerce, or to hold for sale or distribution 
 after introduction into commerce.
 (17) The term ``commerce'' means trade, traffic, 
 commerce, or transportation--
 (A) between a place in a State and any place 
 outside thereof, or
 (B) which affects trade, traffic, commerce, 
 or transportation described in subparagraph 
 (A).
 (18) The term ``Commission'' means the Federal Trade 
 Commission.
 (19) The term ``AV'' is the adjusted volume for 
 refrigerators, refrigerator-freezers, and freezers, as 
 defined in the applicable test procedure prescribed 
 under section 323.
 (20) The term ``annual fuel utilization efficiency'' 
 means the efficiency descriptor for furnaces and 
 boilers, determined using test procedures prescribed 
 under section 323 and based on the assumption that 
 all--
 (A) weatherized warm air furnaces or boilers 
 are located out-of-doors;
 (B) warm air furnaces which are not 
 weatherized are located indoors and all 
 combustion and ventilation air is admitted 
 through grills or ducts from the outdoors and 
 does not communicate with air in the 
 conditioned space; and
 (C) boilers which are not weatherized are 
 located within the heated space.
 (21) The term ``central air conditioner'' means a 
 product, other than a packaged terminal air 
 conditioner, which--
 (A) is powered by single phase electric 
 current;
 (B) is air-cooled;
 (C) is rated below 65,000 Btu per hour;
 (D) is not contained within the same cabinet 
 as a furnace the rated capacity of which is 
 above 225,000 Btu per hour; and
 (E) is a heat pump or a cooling only unit.
 (22) The term ``efficiency descriptor'' means the 
 ratio of the useful output to the total energy input, 
 determined using the test procedures prescribed under 
 section 323 and expressed for the following products in 
 the following terms:
 (A) For furnaces and direct heating 
 equipment, annual fuel utilization efficiency.
 (B) For room air conditioners, energy 
 efficiency ratio.
 (C) For central air conditioning and central 
 air conditioning heat pumps, seasonal energy 
 efficiency ratio.
 (D) For water heaters, energy factor.
 (E) For pool heaters, thermal efficiency.
 (23) The term ``furnace'' means a product which 
 utilizes only single-phase electric current, or single-
 phase electric current or DC current in conjunction 
 with natural gas, propane, or home heating oil, and 
 which--
 (A) is designed to be the principal heating 
 source for the living space of a residence;
 (B) is not contained within the same cabinet 
 with a central air conditioner whose rated 
 cooling capacity is above 65,000 Btu per hour;
 (C) is an electric central furnace, electric 
 boiler, forced-air central furnace, gravity 
 central furnace, or low pressure steam or hot 
 water boiler; and
 (D) has a heat input rate of less than 
 300,000 Btu per hour for electric boilers and 
 low pressure steam or hot water boilers and 
 less than 225,000 Btu per hour for forced-air 
 central furnaces, gravity central furnaces, and 
 electric central furnaces.
 (24) The terms ``heat pump'' or ``reverse cycle'' 
 mean a product, other than a packaged terminal heat 
 pump, which--
 (A) consists of one or more assemblies;
 (B) is powered by single phase electric 
 current;
 (C) is rated below 65,000 Btu per hour;
 (D) utilizes an indoor conditioning coil, 
 compressors, and refrigerant-to-outdoor-air 
 heat exchanger to provide air heating; and
 (E) may also provide air cooling, 
 dehumidifying, humidifying circulating, and air 
 cleaning.
 (25) The term ``pool heater'' means an appliance 
 designed for heating nonpotable water contained at 
 atmospheric pressure, including heating water in 
 swimming pools, spas, hot tubs and similar 
 applications.
 (26) The term ``thermal efficiency of pool heaters'' 
 means a measure of the heat in the water delivered at 
 the heater outlet divided by the heat input of the pool 
 heater as measured under test conditions specified in 
 section 2.8.1 of the American National Standard for Gas 
 Fired Pool Heaters, Z21.56-1986, or as may be 
 prescribed by the Secretary.
 (27) The term ``water heater'' means a product which 
 utilizes oil, gas, or electricity to heat potable water 
 for use outside the heater upon demand, including--
 (A) storage type units which heat and store 
 water at a thermostatically controlled 
 temperature, including gas storage water 
 heaters with an input of 75,000 Btu per hour or 
 less, oil storage water heaters with an input 
 of 105,000 Btu per hour or less, and electric 
 storage water heaters with an input of 12 
 kilowatts or less;
 (B) instantaneous type units which heat water 
 but contain no more than one gallon of water 
 per 4,000 Btu per hour of input, including gas 
 instantaneous water heaters with an input of 
 200,000 Btu per hour or less, oil instantaneous 
 water heaters with an input of 210,000 Btu per 
 hour or less, and electric instantaneous water 
 heaters with an input of 12 kilowatts or less; 
 and
 (C) heat pump type units, with a maximum 
 current rating of 24 amperes at a voltage no 
 greater than 250 volts, which are products 
 designed to transfer thermal energy from one 
 temperature level to a higher temperature level 
 for the purpose of heating water, including all 
 ancillary equipment such as fans, storage 
 tanks, pumps, or controls necessary for the 
 device to perform its function.
 (28) The term ``weatherized warm air furnace or 
 boiler'' means a furnace or boiler designed for 
 installation outdoors, approved for resistance to wind, 
 rain, and snow, and supplied with its own venting 
 system.
 (29)(A) The term ``fluorescent lamp ballast'' means a 
 device which is used to start and operate fluorescent 
 lamps by providing a starting voltage and current and 
 limiting the current during normal operation.
 (B) The term ``ANSI standard'' means a standard 
 developed by a committee accredited by the American 
 National Standards Institute.
 (C) The term ``ballast efficacy factor'' means the 
 relative light output divided by the power input of a 
 fluorescent lamp ballast, as measured under test 
 conditions specified in ANSI standard C82.2-1984, or as 
 may be prescribed by the Secretary.
 (D)(i) The term ``F40T12 lamp'' means a nominal 40 
 watt tubular fluorescent lamp which is 48 inches in 
 length and one-and-a-half inches in diameter, and 
 conforms to ANSI standard C78.81-2003 (Data Sheet 7881-
 ANSI-1010-1).
 (ii) The term ``F96T12 lamp'' means a nominal 75 watt 
 tubular fluorescent lamp which is 96 inches in length 
 and oneand-a-half inches in diameter, and conforms to 
 ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-3007-
 1).
 (iii) The term ``F96T12HO lamp'' means a nominal 110 
 watt tubular fluorescent lamp which is 96 inches in 
 length and one-and-a-half inches in diameter, and 
 conforms to ANSI standard C78.81-2003 (Data Sheet 7881-
 ANSI-1019-1).
 (E) The term ``input current'' means the root-mean-
 square (RMS) current in amperes delivered to a 
 fluorescent lamp ballast.
 (F) The term ``luminaire'' means a complete lighting 
 unit consisting of a fluorescent lamp or lamps, 
 together with parts designed to distribute the light, 
 to position and protect such lamps, and to connect such 
 lamps to the power supply through the ballast.
 (G) The term ``ballast input voltage'' means the 
 rated input voltage of a fluorescent lamp ballast.
 (H) The term ``nominal lamp watts'' means the wattage 
 at which a fluorescent lamp is designed to operate.
 (I) The term ``power factor'' means the power input 
 divided by the product of ballast input voltage and 
 input current of a fluorescent lamp ballast, as 
 measured under test conditions specified in ANSI 
 standard C82.2-1984, or as may be prescribed by the 
 Secretary.
 (J) The term ``power input'' means the power 
 consumption in watts of a ballast and fluorescent lamp 
 or lamps, as determined in accordance with the test 
 procedures specified in ANSI standard C82.2-1984, or as 
 may be prescribed by the Secretary.
 (K) The term ``relative light output'' means the 
 light output delivered through the use of a ballast 
 divided by the light output delivered through the use 
 of a reference ballast, expressed as a percent, as 
 determined in accordance with the test procedures 
 specified in ANSI standard C82.2-1984, or as may be 
 prescribed by the Secretary.
 (L) The term ``residential building'' means a 
 structure or portion of a structure which provides 
 facilities or shelter for human residency, except that 
 such term does not include any multifamily residential 
 structure of more than three stories above grade.
 (M) The term ``F34T12 lamp'' (also known as a 
 ``F40T12/ES lamp'') means a nominal 34 watt tubular 
 fluorescent lamp that is 48 inches in length and 1\1/2\ 
 inches in diameter, and conforms to ANSI standard 
 C78.81-2003 (Data Sheet 7881-ANSI-1006-1).
 (N) The term ``F96T12/ES lamp'' means a nominal 60 
 watt tubular fluorescent lamp that is 96 inches in 
 length and 1\1/2\ inches in diameter, and conforms to 
 ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-3006-
 1).
 (O) The term ``F96T12HO/ES lamp'' means a nominal 95 
 watt tubular fluorescent lamp that is 96 inches in 
 length and 1\1/2\ inches in diameter, and conforms to 
 ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-1017-
 1).
 (P) The term ``replacement ballast'' means a ballast 
 that--
 (i) is designed for use to replace an 
 existing ballast in a previously installed 
 luminaire;
 (ii) is marked ``FOR REPLACEMENT USE ONLY'';
 (iii) is shipped by the manufacturer in 
 packages containing not more than 10 ballasts; 
 and
 (iv) has output leads that when fully 
 extended are a total length that is less than 
 the length of the lamp with which the ballast 
 is intended to be operated.
 (30)(A) Except as provided in subparagraph (E), the 
 term ``fluorescent lamp'' means a low pressure mercury 
 electric-discharge source in which a fluorescing 
 coating transforms some of the ultraviolet energy 
 generated by the mercury discharge into light, 
 including only the following:
 (i) Any straight-shaped lamp (commonly 
 referred to as 4-foot medium bi-pin lamps) with 
 medium bi-pin bases of nominal overall length 
 of 48 inches and rated wattage of 28 or more.
 (ii) Any U-shaped lamp (commonly referred to 
 as 2-foot U-shaped lamps) with medium bi-pin 
 bases of nominal overall length between 22 and 
 25 inches and rated wattage of 28 or more.
 (iii) Any rapid start lamp (commonly referred 
 to as 8-foot high output lamps) with recessed 
 double contact bases of nominal overall length 
 of 96 inches and 0.800 nominal amperes, as 
 defined in ANSI C78.1-1978 and related 
 supplements.
 (iv) Any instant start lamp (commonly 
 referred to as 8-foot slimline lamps) with 
 single pin bases of nominal overall length of 
 96 inches and rated wattage of 52 or more, as 
 defined in ANSI C78.3-1978 (R1984) and related 
 supplement ANSI C78.3a-1985.
 (B) The term ``general service fluorescent lamp'' 
 means fluorescent lamps which can be used to satisfy 
 the majority of fluorescent applications, but does not 
 include any lamp designed and marketed for the 
 following nongeneral lighting applications:
 (i) Fluorescent lamps designed to promote 
 plant growth.
 (ii) Fluorescent lamps specifically designed 
 for cold temperature installations.
 (iii) Colored fluorescent lamps.
 (iv) Impact-resistant fluorescent lamps.
 (v) Reflectorized or aperture lamps.
 (vi) Fluorescent lamps designed for use in 
 reprographic equipment.
 (vii) Lamps primarily designed to produce 
 radiation in the ultra-violet region of the 
 spectrum.
 (viii) Lamps with a color rendering index of 
 87 or greater.
 (C) Except as provided in subparagraph (E), the term 
 ``incandescent lamp'' means a lamp in which light is 
 produced by a filament heated to incandescence by an 
 electric current, including only the following:
 (i) Any lamp (commonly referred to as lower 
 wattage nonreflector general service lamps, 
 including any tungsten-halogen lamp) that has a 
 rated wattage between 30 and 199 watts, has an 
 E26 medium screw base, has a rated voltage or 
 voltage range that lies at least partially 
 within 115 and 130 volts, and is not a 
 reflector lamp.
 (ii) Any lamp (commonly referred to as a 
 reflector lamp) which is not colored or 
 designed for rough or vibration service 
 applications, that contains an inner reflective 
 coating on the outer bulb to direct the light, 
 an R, PAR, ER, BR, BPAR, or similar bulb shapes 
 with E26 medium screw bases, a rated voltage or 
 voltage range that lies at least partially 
 within 115 and 130 volts, a diameter which 
 exceeds 2.25 inches, and has a rated wattage 
 that is 40 watts or higher.
 (iii) Any general service incandescent lamp 
 (commonly referred to as a high- or higher-
 wattage lamp) that has a rated wattage above 
 199 watts (above 205 watts for a high wattage 
 reflector lamp).
 (D) General service incandescent lamp.--
 (i) In general.--The term ``general 
 service incandescent lamp'' means a 
 standard incandescent or halogen type 
 lamp that--
 (I) is intended for general 
 service applications;
 (II) has a medium screw base;
 (III) has a lumen range of 
 not less than 310 lumens and 
 not more than 2,600 lumens or, 
 in the case of a modified 
 spectrum lamp, not less than 
 232 lumens and not more than 
 1,950 lumens; and
 (IV) is capable of being 
 operated at a voltage range at 
 least partially within 110 and 
 130 volts.
 (ii) Exclusions.--The term ``general 
 service incandescent lamp'' does not 
 include the following incandescent 
 lamps:
 (I) An appliance lamp.
 (II) A black light lamp.
 (III) A bug lamp.
 (IV) A colored lamp.
 (V) An infrared lamp.
 (VI) A left-hand thread lamp.
 (VII) A marine lamp.
 (VIII) A marine signal 
 service lamp.
 (IX) A mine service lamp.
 (X) A plant light lamp.
 (XI) A reflector lamp.
 (XII) A rough service lamp.
 (XIII) A shatter-resistant 
 lamp (including a shatter-proof 
 lamp and a shatter-protected 
 lamp).
 (XIV) A sign service lamp.
 (XV) A silver bowl lamp.
 (XVI) A showcase lamp.
 (XVII) A 3-way incandescent 
 lamp.
 (XVIII) A traffic signal 
 lamp.
 (XIX) A vibration service 
 lamp.
 (XX) A G shape lamp (as 
 defined in ANSI C78.20-2003 and 
 C79.1-2002 with a diameter of 5 
 inches or more.
 (XXI) A T shape lamp (as 
 defined in ANSI C78.20-2003 and 
 C79.1-2002) and that uses not 
 more than 40 watts or has a 
 length of more than 10 inches.
 (XXII) A B, BA, CA, F, G16-1/
 2, G-25, G30, S, or M-14 lamp 
 (as defined in ANSI C79.1-2002 
 and ANSI C78.20-2003) of 40 
 watts or less.
 (E) The terms ``fluorescent lamp'' and ``incandescent 
 lamp'' do not include any lamp excluded by the 
 Secretary, by rule, as a result of a determination that 
 standards for such lamp would not result in significant 
 energy savings because such lamp is designed for 
 special applications or has special characteristics not 
 available in reasonably substitutable lamp types.
 (F) The term ``incandescent reflector lamp'' means a 
 lamp described in subparagraph (C)(ii).
 (G) The term ``average lamp efficacy'' means the lamp 
 efficacy readings taken over a statistically 
 significant period of manufacture with the readings 
 averaged over that period.
 (H) The term ``base'' means the portion of the lamp 
 which connects with the socket as described in ANSI 
 C81.61-1990.
 (I) The term ``bulb shape'' means the shape of lamp, 
 especially the glass bulb with designations for bulb 
 shapes found in ANSI C79.1-1980 (R1984).
 (J) The term ``color rendering index'' or ``CRI'' 
 means the measure of the degree of color shift objects 
 undergo when illuminated by a light source as compared 
 with the color of those same objects when illuminated 
 by a reference source of comparable color temperature.
 (K) The term ``correlated color temperature'' means 
 the absolute temperature of a blackbody whose 
 chromaticity most nearly resembles that of the light 
 source.
 (L) The term ``IES'' means the Illuminating 
 Engineering Society of North America.
 (M) The term ``lamp efficacy'' means the lumen output 
 of a lamp divided by its wattage, expressed in lumens 
 per watt (LPW).
 (N) The term ``lamp type'' means all lamps designated 
 as having the same electrical and lighting 
 characteristics and made by one manufacturer.
 (O) The term ``lamp wattage'' means the total 
 electrical power consumed by a lamp in watts, after the 
 initial seasoning period referenced in the appropriate 
 IES standard test procedure and including, for 
 fluorescent, arc watts plus cathode watts.
 (P) The terms ``life'' and ``lifetime'' mean length 
 of operating time of a statistically large group of 
 lamps between first use and failure of 50 percent of 
 the group in accordance with test procedures described 
 in the IES Lighting Handbook-Reference Volume.
 (Q) The term ``lumen output'' means total luminous 
 flux (power) of a lamp in lumens, as measured in 
 accordance with applicable IES standards as determined 
 by the Secretary.
 (R) The term ``tungsten-halogen lamp'' means a gas-
 filled tungsten filament incandescent lamp containing a 
 certain proportion of halogens in an inert gas.
 (S)(i) The term ``medium base compact fluorescent 
 lamp'' means an integrally ballasted fluorescent lamp 
 with a medium screw base and a rated input voltage of 
 115 to 130 volts and which is designed as a direct 
 replacement for a general service incandescent lamp.
 (ii) The term ``medium base compact 
 fluorescent lamp'' does not include--
 (I) any lamp that is--
 (aa) specifically designed to 
 be used for special purpose 
 applications; and
 (bb) unlikely to be used in 
 general purpose applications, 
 such as the applications 
 described in subparagraph (D); 
 or
 (II) any lamp not described in 
 subparagraph (D) that is excluded by 
 the Secretary, by rule, because the 
 lamp is--
 (aa) designed for special 
 applications; and
 (bb) unlikely to be used in 
 general purpose applications.
 (T) Appliance lamp.--The term ``appliance 
 lamp'' means any lamp that--
 (i) is specifically designed to 
 operate in a household appliance and 
 has a maximum wattage of 40 watts, 
 including an oven lamp, refrigerator 
 lamp, and vacuum cleaner lamp; and
 (ii) when sold at retail, is 
 designated and marketed for the 
 intended application, with--
 (I) the designation on the 
 lamp packaging; and
 (II) marketing materials that 
 identify the lamp as being for 
 appliance use.
 (U) Candelabra base incandescent lamp.--The 
 term ``candelabra base incandescent lamp'' 
 means a lamp that uses candelabra screw base as 
 described in ANSI C81.61-2006, Specifications 
 for Electric Bases, common designations E11 and 
 E12.
 (V) Intermediate base incandescent lamp.--The 
 term ``intermediate base incandescent lamp'' 
 means a lamp that uses an intermediate screw 
 base as described in ANSI C81.61-2006, 
 Specifications for Electric Bases, common 
 designation E17.
 (W) Modified spectrum.--The term ``modified 
 spectrum'' means, with respect to an 
 incandescent lamp, an incandescent lamp that--
 (i) is not a colored incandescent 
 lamp; and
 (ii) when operated at the rated 
 voltage and wattage of the incandescent 
 lamp--
 (I) has a color point with 
 (x,y) chromaticity coordinates 
 on the Commission 
 Internationale de l'Eclairage 
 (C.I.E.) 1931 chromaticity 
 diagram that lies below the 
 black-body locus; and
 (II) has a color point with 
 (x,y) chromaticity coordinates 
 on the C.I.E. 1931 chromaticity 
 diagram that lies at least 4 
 MacAdam steps (as referenced in 
 IESNA LM16) distant from the 
 color point of a clear lamp 
 with the same filament and bulb 
 shape, operated at the same 
 rated voltage and wattage.
 (X) Rough service lamp.--The term ``rough 
 service lamp'' means a lamp that--
 (i) has a minimum of 5 supports with 
 filament configurations that are C-7A, 
 C-11, C-17, and C-22 as listed in 
 Figure 6-12 of the 9th edition of the 
 IESNA Lighting handbook, or similar 
 configurations where lead wires are not 
 counted as supports; and
 (ii) is designated and marketed 
 specifically for ``rough service'' 
 applications, with--
 (I) the designation appearing 
 on the lamp packaging; and
 (II) marketing materials that 
 identify the lamp as being for 
 rough service.
 (Y) 3-way incandescent lamp.--The term ``3-
 way incandescent lamp'' includes an 
 incandescent lamp that--
 (i) employs 2 filaments, operated 
 separately and in combination, to 
 provide 3 light levels; and
 (ii) is designated on the lamp 
 packaging and marketing materials as 
 being a 3-way incandescent lamp.
 (Z) Shatter-resistant lamp, shatter-proof 
 lamp, or shatter-protected lamp.--The terms 
 ``shatter-resistant lamp'', ``shatter-proof 
 lamp'', and ``shatter-protected lamp'' mean a 
 lamp that--
 (i) has a 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
 (ii) is designated and marketed for 
 the intended application, with--
 (I) the designation on the 
 lamp packaging; and
 (II) marketing materials that 
 identify the lamp as being 
 shatter-resistant, shatter-
 proof, or shatter-protected.
 (AA) Vibration service lamp.--The term 
 ``vibration service lamp'' means a lamp that--
 (i) has filament configurations that 
 are C-5, C-7A, or C-9, as listed in 
 Figure 6-12 of the 9th Edition of the 
 IESNA Lighting Handbook or similar 
 configurations;
 (ii) has a maximum wattage of 60 
 watts;
 (iii) is sold at retail in packages 
 of 2 lamps or less; and
 (iv) is designated and marketed 
 specifically for vibration service or 
 vibration-resistant applications, 
 with--
 (I) the designation appearing 
 on the lamp packaging; and
 (II) marketing materials that 
 identify the lamp as being 
 vibration service only.
 (BB) General service lamp.--
 (i) In general.--The term ``general 
 service lamp'' includes--
 (I) general service 
 incandescent lamps;
 (II) compact fluorescent 
 lamps;
 (III) general service light-
 emitting diode (LED or OLED) 
 lamps; and
 (IV) any other lamps that the 
 Secretary determines are used 
 to satisfy lighting 
 applications traditionally 
 served by general service 
 incandescent lamps.
 (ii) Exclusions.--The term ``general 
 service lamp'' does not include--
 (I) any lighting application 
 or bulb shape described in any 
 of subclauses (I) through 
 (XXII) of subparagraph (D)(ii); 
 or
 (II) any general service 
 fluorescent lamp or 
 incandescent reflector lamp.
 (CC) Light-emitting diode; led.--
 (i) In general.--The terms ``light-
 emitting diode'' and ``LED'' means a p-
 n junction solid state device the 
 radiated output of which is a function 
 of the physical construction, material 
 used, and exciting current of the 
 device.
 (ii) Output.--The output of a light-
 emitting diode may be in--
 (I) the infrared region;
 (II) the visible region; or
 (III) the ultraviolet region.
 (DD) Organic light-emitting diode; oled.--The 
 terms ``organic light-emitting diode'' and 
 ``OLED'' mean a thin-film light-emitting device 
 that typically consists of a series of organic 
 layers between 2 electrical contacts 
 (electrodes).
 (EE) Colored incandescent lamp.--The term 
 ``colored incandescent lamp'' means an 
 incandescent lamp designated and marketed as a 
 colored lamp that has--
 (i) a color rendering index of less 
 than 50, as determined according to the 
 test method given in C.I.E. publication 
 13.3-1995; or
 (ii) a correlated color temperature 
 of less than 2,500K, or greater than 
 4,600K, where correlated temperature is 
 computed according to the Journal of 
 Optical Society of America, Vol. 58, 
 pages 1528-1595 (1986).
 (31)(A) The term ``water use'' means the quantity of 
 water flowing through a showerhead, faucet, water 
 closet, or urinal at point of use, determined in 
 accordance with test procedures under section 323.
 (B) The term ``ASME'' means the American Society of 
 Mechanical Engineers.
 (C) The term ``ANSI'' means the American National 
 Standards Institute.
 (D) The term ``showerhead'' means any showerhead 
 (including a handheld showerhead), except a safety 
 shower showerhead.
 (E) The term ``faucet'' means a lavatory faucet, 
 kitchen faucet, metering faucet, or replacement aerator 
 for a lavatory or kitchen faucet.
 (F) The term ``water closet'' has the meaning given 
 such term in ASME A112.19.2M-1990, except such term 
 does not include fixtures designed for installation in 
 prisons.
 (G) The term ``urinal'' has the meaning given such 
 term in ASME A112.19.2M-1990, except such term does not 
 include fixtures designed for installation in prisons.
 (H) The terms ``blowout'', ``flushometer tank'', 
 ``low consumption'', and ``flushometer valve'' have the 
 meaning given such terms in ASME A112.19.2M-1990.
 (32) The term ``battery charger'' means a device that 
 charges batteries for consumer products, including 
 battery chargers embedded in other consumer products.
 (33)(A) The term ``commercial prerinse spray valve'' 
 means a handheld device designed and marketed for use 
 with commercial dishwashing and ware washing equipment 
 that sprays water on dishes, flatware, and other food 
 service items for the purpose of removing food residue 
 before cleaning the items.
 (B) The Secretary may modify the definition of 
 ``commercial prerinse spray valve'' by rule--
 (i) to include products--
 (I) that are extensively used in 
 conjunction with commercial dishwashing 
 and ware washing equipment;
 (II) the application of standards to 
 which would result in significant 
 energy savings; and
 (III) the application of standards to 
 which would meet the criteria specified 
 in section 325(o)(4); and
 (ii) to exclude products--
 (I) that are used for special food 
 service applications;
 (II) that are unlikely to be widely 
 used in conjunction with commercial 
 dishwashing and ware washing equipment; 
 and
 (III) the application of standards to 
 which would not result in significant 
 energy savings.
 (34) The term ``dehumidifier'' means a self-
 contained, electrically operated, and mechanically 
 encased assembly consisting of--
 (A) a refrigerated surface (evaporator) that 
 condenses moisture from the atmosphere;
 (B) a refrigerating system, including an 
 electric motor;
 (C) an air-circulating fan; and
 (D) means for collecting or disposing of the 
 condensate.
 (35)(A) The term ``distribution transformer'' means a 
 transformer that--
 (i) has an input voltage of 34.5 kilovolts or 
 less;
 (ii) has an output voltage of 600 volts or 
 less; and
 (iii) is rated for operation at a frequency 
 of 60 Hertz.
 (B) The term ``distribution transformer'' does not 
 include--
 (i) a transformer with multiple voltage taps, 
 the highest of which equals at least 20 percent 
 more than the lowest;
 (ii) a transformer that is designed to be 
 used in a special purpose application and is 
 unlikely to be used in general purpose 
 applications, such as a drive transformer, 
 rectifier transformer, auto-transformer, 
 Uninterruptible Power System transformer, 
 impedance transformer, regulating transformer, 
 sealed and nonventilating transformer, machine 
 tool transformer, welding transformer, 
 grounding transformer, or testing transformer; 
 or
 (iii) any transformer not listed in clause 
 (ii) that is excluded by the Secretary by rule 
 because--
 (I) the transformer is designed for a 
 special application;
 (II) the transformer is unlikely to 
 be used in general purpose 
 applications; and
 (III) the application of standards to 
 the transformer would not result in 
 significant energy savings.
 (36) External power supply.--
 (A) External power supply.--
 (i) In general.--The term ``external 
 power supply'' means an external power 
 supply circuit that is used to convert 
 household electric current into DC 
 current or lower-voltage AC current to 
 operate a consumer product.
 (ii) Exclusion.--The term ``external 
 power supply'' does not include a power 
 supply circuit, driver, or device that 
 is designed exclusively to be connected 
 to, and power--
 (I) light-emitting diodes 
 providing illumination;
 (II) organic light-emitting 
 diodes providing illumination; 
 or
 (III) ceiling fans using 
 direct current motors.
 (B) Active mode.--The term ``active mode'' 
 means the mode of operation when an external 
 power supply is connected to the main 
 electricity supply and the output is connected 
 to a load.
 (C) Class a external power supply.--
 (i) In general.--The term ``class A 
 external power supply'' means a device 
 that--
 (I) is designed to convert 
 line voltage AC input into 
 lower voltage AC or DC output;
 (II) is able to convert to 
 only 1 AC or DC output voltage 
 at a time;
 (III) is sold with, or 
 intended to be used with, a 
 separate end-use product that 
 constitutes the primary load;
 (IV) is contained in a 
 separate physical enclosure 
 from the end-use product;
 (V) is connected to the end-
 use product via a removable or 
 hard-wired male/female 
 electrical connection, cable, 
 cord, or other wiring; and
 (VI) has nameplate output 
 power that is less than or 
 equal to 250 watts.
 (ii) Exclusions.--The term ``class A 
 external power supply'' does not 
 include any device that--
 (I) requires Federal Food and 
 Drug Administration listing and 
 approval as a medical device in 
 accordance with section 513 of 
 the Federal Food, Drug, and 
 Cosmetic Act (21 U.S.C. 360c); 
 or
 (II) powers the charger of a 
 detachable battery pack or 
 charges the battery of a 
 product that is fully or 
 primarily motor operated.
 (D) No-load mode.--The term ``no-load mode'' 
 means the mode of operation when an external 
 power supply is connected to the main 
 electricity supply and the output is not 
 connected to a load.
 (37) The term ``illuminated exit sign'' means a sign 
 that--
 (A) is designed to be permanently fixed in 
 place to identify an exit; and
 (B) consists of an electrically powered 
 integral light source that--
 (i) illuminates the legend ``EXIT'' 
 and any directional indicators; and
 (ii) provides contrast between the 
 legend, any directional indicators, and 
 the background.
 (38) The term ``low-voltage dry-type distribution 
 transformer'' means a distribution transformer that--
 (A) has an input voltage of 600 volts or 
 less;
 (B) is air-cooled; and
 (C) does not use oil as a coolant.
 (39) The term ``pedestrian module'' means a light 
 signal used to convey movement information to 
 pedestrians.
 (40) The term ``refrigerated bottled or canned 
 beverage vending machine'' means a commercial 
 refrigerator that cools bottled or canned beverages and 
 dispenses the bottled or canned beverages on payment.
 (41) The term ``standby mode'' means the lowest power 
 consumption mode, as established on an individual 
 product basis by the Secretary, that--
 (A) cannot be switched off or influenced by 
 the user; and
 (B) may persist for an indefinite time when 
 an appliance is--
 (i) connected to the main electricity 
 supply; and
 (ii) used in accordance with the 
 instructions of the manufacturer.
 (42) The term ``torchiere'' means a portable electric 
 lamp with a reflector bowl that directs light upward to 
 give indirect illumination.
 (43) The term ``traffic signal module'' means a 
 standard 8-inch (200mm) or 12-inch (300mm) traffic 
 signal indication that--
 (A) consists of a light source, a lens, and 
 all other parts necessary for operation; and
 (B) communicates movement messages to drivers 
 through red, amber, and green colors.
 (44) The term ``transformer'' means a device 
 consisting of 2 or more coils of insulated wire that 
 transfers alternating current by electromagnetic 
 induction from 1 coil to another to change the original 
 voltage or current value.
 (45)(A) The term ``unit heater'' means a self-
 contained fan-type heater designed to be installed 
 within the heated space.
 (B) The term ``unit heater'' does not include a warm 
 air furnace.
 (46) High intensity discharge lamp.--
 (A) In general.--The term ``high intensity 
 discharge lamp'' means an electric-discharge 
 lamp in which--
 (i) the light-producing arc is 
 stabilized by the arc tube wall 
 temperature; and
 (ii) the arc tube wall loading is in 
 excess of 3 Watts/cm.
 (B) Inclusions.--The term ``high intensity 
 discharge lamp'' includes mercury vapor, metal 
 halide, and high-pressure sodium lamps 
 described in subparagraph (A).
 (47) Mercury vapor lamp.--
 (A) In general.--The term ``mercury vapor 
 lamp'' means a high intensity discharge lamp in 
 which the major portion of the light is 
 produced by radiation from mercury typically 
 operating at a partial vapor pressure in excess 
 of 100,000 Pa (approximately 1 atm).
 (B) Inclusions.--The term ``mercury vapor 
 lamp'' includes clear, phosphor-coated, and 
 self-ballasted screw base lamps described in 
 subparagraph (A).
 (48) Mercury vapor lamp ballast.--The term ``mercury 
 vapor lamp ballast'' means a device that is designed 
 and marketed to start and operate mercury vapor lamps 
 intended for general illumination by providing the 
 necessary voltage and current.
 (49) The term ``ceiling fan'' means a nonportable 
 device that is suspended from a ceiling for circulating 
 air via the rotation of fan blades.
 (50) The term ``ceiling fan light kit'' means 
 equipment designed to provide light from a ceiling fan 
 that can be--
 (A) integral, such that the equipment is 
 attached to the ceiling fan prior to the time 
 of retail sale; or
 (B) attachable, such that at the time of 
 retail sale the equipment is not physically 
 attached to the ceiling fan, but may be 
 included inside the ceiling fan at the time of 
 sale or sold separately for subsequent 
 attachment to the fan.
 (51) The term ``medium screw base'' means an Edison 
 screw base identified with the prefix E-26 in the 
 ``American National Standard for Electric Lamp Bases'', 
 ANSI/IEC C81.61-2003, published by the American 
 National Standards Institute.
 (52) Detachable battery.--The term ``detachable 
 battery'' means a battery that is--
 (A) contained in a separate enclosure from 
 the product; and
 (B) intended to be removed or disconnected 
 from the product for recharging.
 (53) Specialty application mercury vapor lamp 
 ballast.--The term ``specialty application mercury 
 vapor lamp ballast'' means a mercury vapor lamp ballast 
 that--
 (A) is designed and marketed for operation of 
 mercury vapor lamps used in quality inspection, 
 industrial processing, or scientific use, 
 including fluorescent microscopy and 
 ultraviolet curing; and
 (B) in the case of a specialty application 
 mercury vapor lamp ballast, the label of 
 which--
 (i) provides that the specialty 
 application mercury vapor lamp ballast 
 is ``For specialty applications only, 
 not for general illumination''; and
 (ii) specifies the specific 
 applications for which the ballast is 
 designed.
 (54) BPAR incandescent reflector lamp.--The term 
 ``BPAR incandescent reflector lamp'' means a reflector 
 lamp as shown in figure C78.21-278 on page 32 of ANSI 
 C78.21-2003.
 (55) BR incandescent reflector lamp; br30; br40.--
 (A) BR incandescent reflector lamp.--The term 
 ``BR incandescent reflector lamp'' means a 
 reflector lamp that has--
 (i) a bulged section below the major 
 diameter of the bulb and above the 
 approximate baseline of the bulb, as 
 shown in figure 1 (RB) on page 7 of 
 ANSI C79.1-1994, incorporated by 
 reference in section 430.22 of title 
 10, Code of Federal Regulations (as in 
 effect on the date of enactment of this 
 paragraph); and
 (ii) a finished size and shape shown 
 in ANSI C78.21-1989, including the 
 referenced reflective characteristics 
 in part 7 of ANSI C78.21-1989, 
 incorporated by reference in section 
 430.22 of title 10, Code of Federal 
 Regulations (as in effect on the date 
 of enactment of this paragraph).
 (B) BR30.--The term ``BR30'' means a BR 
 incandescent reflector lamp with a diameter of 
 30/8ths of an inch.
 (C) BR40.--The term ``BR40'' means a BR 
 incandescent reflector lamp with a diameter of 
 40/8ths of an inch.
 (56) ER incandescent reflector lamp; er30; er40.--
 (A) ER incandescent reflector lamp.--The term 
 ``ER incandescent reflector lamp'' means a 
 reflector lamp that has--
 (i) an elliptical section below the 
 major diameter of the bulb and above 
 the approximate baseline of the bulb, 
 as shown in figure 1 (RE) on page 7 of 
 ANSI C79.1-1994, incorporated by 
 reference in section 430.22 of title 
 10, Code of Federal Regulations (as in 
 effect on the date of enactment of this 
 paragraph); and
 (ii) a finished size and shape shown 
 in ANSI C78.21-1989, incorporated by 
 reference in section 430.22 of title 
 10, Code of Federal Regulations (as in 
 effect on the date of enactment of this 
 paragraph).
 (B) ER30.--The term ``ER30'' means an ER 
 incandescent reflector lamp with a diameter of 
 30/8ths of an inch.
 (C) ER40.--The term ``ER40'' means an ER 
 incandescent reflector lamp with a diameter of 
 40/8ths of an inch.
 (57) R20 incandescent reflector lamp.--The term ``R20 
 incandescent reflector lamp'' means a reflector lamp 
 that has a face diameter of approximately 2.5 inches, 
 as shown in figure 1(R) on page 7 of ANSI C79.1-1994.
 (58) Ballast.--The term ``ballast'' means a device 
 used with an electric discharge lamp to obtain 
 necessary circuit conditions (voltage, current, and 
 waveform) for starting and operating.
 (59) Ballast efficiency.--
 (A) In general.--The term ``ballast 
 efficiency'' means, in the case of a high 
 intensity discharge fixture, the efficiency of 
 a lamp and ballast combination, expressed as a 
 percentage, and calculated in accordance with 
 the following formula: Efficiency = 
 Pout/Pin.
 (B) Efficiency formula.--For the purpose of 
 subparagraph (A)--
 (i) Poutshall equal the 
 measured operating lamp wattage;
 (ii) Pin shall equal the 
 measured operating input wattage;
 (iii) the lamp, and the capacitor 
 when the capacitor is provided, shall 
 constitute a nominal system in 
 accordance with the ANSI Standard 
 C78.43-2004;
 (iv) for ballasts with a frequency of 
 60 Hz, Pin and 
 Pout shall be measured after 
 lamps have been stabilized according to 
 section 4.4 of ANSI Standard C82.6-2005 
 using a wattmeter with accuracy 
 specified in section 4.5 of ANSI 
 Standard C82.6-2005; and
 (v) for ballasts with a frequency 
 greater than 60 Hz, Pin and 
 Pout shall have a basic 
 accuracy of 0.5 percent at 
 the higher of--
 (I) 3 times the output 
 operating frequency of the 
 ballast; or
 (II) 2 kHz for ballast with a 
 frequency greater than 60 Hz.
 (C) Modification.--The Secretary may, by 
 rule, modify the definition of ``ballast 
 efficiency'' if the Secretary determines that 
 the modification is necessary or appropriate to 
 carry out the purposes of this Act.
 (60) Electronic ballast.--The term ``electronic 
 ballast'' means a device that uses semiconductors as 
 the primary means to control lamp starting and 
 operation.
 (61) General lighting application.--The term 
 ``general lighting application'' means lighting that 
 provides an interior or exterior area with overall 
 illumination.
 (62) Metal halide ballast.--The term ``metal halide 
 ballast'' means a ballast used to start and operate 
 metal halide lamps.
 (63) Metal halide lamp.--The term ``metal halide 
 lamp'' means a high intensity discharge lamp in which 
 the major portion of the light is produced by radiation 
 of metal halides and their products of dissociation, 
 possibly in combination with metallic vapors.
 (64) Metal halide lamp fixture.--The term ``metal 
 halide lamp fixture'' means a light fixture for general 
 lighting application designed to be operated with a 
 metal halide lamp and a ballast for a metal halide 
 lamp.
 (65) Probe-start metal halide ballast.--The term 
 ``probe-start metal halide ballast'' means a ballast 
 that--
 (A) starts a probe-start metal halide lamp 
 that contains a third starting electrode 
 (probe) in the arc tube; and
 (B) does not generally contain an igniter but 
 instead starts lamps with high ballast open 
 circuit voltage.
 (66) Pulse-start metal halide ballast.--
 (A) In general.--The term ``pulse-start metal 
 halide ballast'' means an electronic or 
 electromagnetic ballast that starts a pulse-
 start metal halide lamp with high voltage 
 pulses.
 (B) Starting process.--For the purpose of 
 subparagraph (A)--
 (i) lamps shall be started by first 
 providing a high voltage pulse for 
 ionization of the gas to produce a glow 
 discharge; and
 (ii) to complete the starting 
 process, power shall be provided by the 
 ballast to sustain the discharge 
 through the glow-to-arc transition.

 * * * * * * *

 test procedures

 Sec. 323. (a) General Rule.--All test procedures and related 
determinations prescribed or made by the Secretary with respect 
to any covered product (or class thereof) which are in effect 
on the date of enactment of the National Appliance Energy 
Conservation Act of 1987 shall remain in effect until the 
Secretary amends such test procedures and related 
determinations under subsection (b).
 (b) Amended and New Procedures.--
 (1) Test procedures.--
 (A) Amendment.--At least once every 7 years, 
 the Secretary shall review test procedures for 
 all covered products and--
 (i) amend test procedures with 
 respect to any covered product, if the 
 Secretary determines that amended test 
 procedures would more accurately or 
 fully comply with the requirements of 
 paragraph (3); or
 (ii) publish notice in the Federal 
 Register of any determination not to 
 amend a test procedure.
 (B) The Secretary may, in accordance with the 
 requirements of this subsection, prescribe test 
 procedures for any consumer product classified 
 as a covered product under section 6292(b) of 
 this title.
 (C) The Secretary shall direct the National 
 Institute of Standards and Technology to assist 
 in developing new or amended test procedures.
 (2) If the Secretary determines, on his own behalf or in 
response to a petition by any interested person, that a test 
procedure should be prescribed or amended, the Secretary shall 
promptly publish in the Federal Register proposed test 
procedures and afford interested persons an opportunity to 
present oral and written data, views, and arguments with 
respect to such procedures. The comment period shall not be 
less than 60 days and may be extended for good cause shown to 
not more than 270 days. In prescribing or amending a test 
procedure, the Secretary shall take into account such 
information as the Secretary determines relevant to such 
procedure, including technological developments relating to 
energy use or energy efficiency of the type (or class) of 
covered products involved.
 (3) Any test procedures prescribed or amended under this 
section shall be reasonably designed to produce test results 
which measure [energy efficiency, energy use, water use (in the 
case of showerheads, faucets, water closets and urinals)], as 
applicable, energy efficiency, energy use, water use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use, as 
determined by the Secretary, and shall not be unduly burdensome 
to conduct.
 (4) If the test procedure is a procedure for determining 
estimated annual operating costs, such procedure shall provide 
that such costs shall be calculated from measurements of energy 
use [or, in the case of showerheads, faucets, water closets, or 
urinals,] or, as applicable, water use in a representative 
average use cycle or period of use, as determined by the 
Secretary, and from representative average unit costs of the 
energy needed to operate such product during such cycle, [or in 
the case of showerheads, faucets, water closets, or urinals,] 
or, as applicable, representative average unit costs of water 
and wastewater treatment service resulting from the operation 
of such products during such cycle. The Secretary shall provide 
information to manufacturers with respect to representative 
average unit costs of energy, water, and wastewater treatment.
 (5) With respect to fluorescent lamp ballasts manufactured on 
or after January 1, 1990, and to which standards are applicable 
under section 325, the Secretary shall prescribe test 
procedures that are in accord with ANSI standard C8202-1984 or 
other test procedures determined appropriate by the Secretary.
 (6) With respect to fluorescent lamps and incandescent 
reflector lamps to which standards are applicable under 
subsection (i) of section 325, the Secretary shall prescribe 
test procedures, to be carried out by accredited test 
laboratories, that take into consideration the applicable IES 
or ANSI standard.
 (7)(A) Test procedures for showerheads and faucets to which 
standards are applicable under subsection (j) of section 325 
shall be the test procedures specified in ASME A112.18.1M-1989 
for such products.
 (B) If the test procedure requirements of ASME A112.18.1M-
1989 are revised at any time and approved by ANSI, the 
Secretary shall amend the test procedures established by 
subparagraph (A) to conform to such revised ASME/ANSI 
requirements unless the Secretary determines, by rule, that to 
do so would not meet the requirements of paragraph (3).
 (8)(A) Test procedures for water closets and urinals to which 
standards are applicable under subsection (k) of section 325 
shall be the test procedures specified in ASME A112.19.6-1990 
for such products.
 (B) If the test procedure requirements of ASME A112.19.6-1990 
are revised at any time and approved by ANSI, the Secretary 
shall amend the test procedures established by subparagraph (A) 
to conform to such revised ASME/ANSI requirements unless the 
Secretary determines, by rule, that to do so would not meet the 
requirements of paragraph (3).
 (9) Test procedures for illuminated exit signs shall be based 
on the test method used under version 2.0 of the Energy Star 
program of the Environmental Protection Agency for illuminated 
exit signs.
 (10)(A) Test procedures for distribution transformers and low 
voltage dry-type distribution transformers shall be based on 
the ``Standard Test Method for Measuring the Energy Consumption 
of Distribution Transformers'' prescribed by the National 
Electrical Manufacturers Association (NEMA TP 2-1998).
 (B) The Secretary may review and revise the test procedures 
established under subparagraph (A).
 (C) For purposes of section 346(a), the test procedures 
established under subparagraph (A) shall be considered to be 
the testing requirements prescribed by the Secretary under 
section 346(a)(1) for distribution transformers for which the 
Secretary makes a determination that energy conservation 
standards would--
 (i) be technologically feasible and economically 
 justified; and
 (ii) result in significant energy savings.
 (11) Test procedures for traffic signal modules and 
pedestrian modules shall be based on the test method used under 
the Energy Star program of the Environmental Protection Agency 
for traffic signal modules, as in effect on the date of 
enactment of this paragraph.
 (12)(A) Test procedures for medium base compact fluorescent 
lamps shall be based on the test methods for compact 
fluorescent lamps used under the August 9, 2001, version of the 
Energy Star program of the Environmental Protection Agency and 
the Department of Energy.
 (B) Except as provided in subparagraph (C), medium base 
compact fluorescent lamps shall meet all test requirements for 
regulated parameters of section 325(cc).
 (C) Notwithstanding subparagraph (B), if manufacturers 
document engineering predictions and analysis that support 
expected attainment of lumen maintenance at 40 percent rated 
life and lamp lifetime, medium base compact fluorescent lamps 
may be marketed before completion of the testing of lamp life 
and lumen maintenance at 40 percent of rated life.
 (13) Test procedures for dehumidifiers shall be based on the 
test criteria used under the Energy Star Program Requirements 
for Dehumidifiers developed by the Environmental Protection 
Agency, as in effect on the date of enactment of this paragraph 
unless revised by the Secretary pursuant to this section.
 (14) The test procedure for measuring flow rate for 
commercial prerinse spray valves shall be based on American 
Society for Testing and Materials Standard F2324, entitled 
``Standard Test Method for Pre-Rinse Spray Valves''.
 (15) The test procedure for refrigerated bottled or canned 
beverage vending machines shall be based on American National 
Standards Institute/American Society of Heating, Refrigerating 
and Air-Conditioning Engineers Standard 32.1-2004, entitled 
``Methods of Testing for Rating Vending Machines for Bottled, 
Canned or Other Sealed Beverages''.
 (16)(A)(i) Test procedures for ceiling fans shall be based on 
the ``Energy Star Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for 
ENERGY STAR Qualified Ceiling Fans, Version 1.1'' published by 
the Environmental Protection Agency.
 (ii) Test procedures for ceiling fan light kits shall be 
based on the test procedures referenced in the Energy Star 
specifications for Residential Light Fixtures and Compact 
Fluorescent Light Bulbs, as in effect on the date of enactment 
of this paragraph.
 (B) The Secretary may review and revise the test procedures 
established under subparagraph (A).
 (17) Class a external power supplies.--Test 
 procedures for class A external power supplies shall be 
 based on the ``Test Method for Calculating the Energy 
 Efficiency of Single-Voltage External AC-DC and AC-AC 
 Power Supplies'' published by the Environmental 
 Protection Agency on August 11, 2004, except that the 
 test voltage specified in section 4(d) of that test 
 method shall be only 115 volts, 60 Hz.
 (18) Metal halide lamp ballasts.--Test procedures for 
 metal halide lamp ballasts shall be based on ANSI 
 Standard C82.6-2005, entitled ``Ballasts for High 
 Intensity Discharge Lamps--Method of Measurement''.
 (c) Restriction on Certain Representations.--(1) No 
manufacturer, distributor, retailer, or private labeler may 
make any representation--
 (A) in writing (including a representation on a 
 label); or
 (B) in any broadcast advertisement,
with respect to the energy use or efficiency [or, in the case 
of showerheads, faucets, water closets, and urinals,] or, as 
applicable, water use of a covered product to which a test 
procedure is applicable under subsection (a) or the cost of 
energy consumed by such product, unless such product has been 
tested in accordance with such test procedure and such 
representation fairly discloses the results of such testing.
 (2) Effective 180 days after an amended or new test procedure 
applicable to a covered product is prescribed or established 
under subsection (b), no manufacturer, distributor, retailer, 
or private labeler may make any representation--
 (A) in writing (including a representation on a 
 label); or
 (B) in any broadcast advertisement,
with respect to energy use or efficiency [or, in the case of 
showerheads, faucets, water closets, and urinals,] or, as 
applicable, water use of such product or cost of energy 
consumed by such product, unless such product has been tested 
in accordance with such amended or new test procedures and such 
representation fairly discloses the results of such testing.
 (3) On the petition of any manufacturer, distributor, 
retailer, or private labeler, filed not later than the 60th day 
before the expiration of the period involved, the 180-day 
period referred to in paragraph (2) may be extended by the 
Secretary with respect to the petitioner (but in no event for 
more than an additional 180 days) if the Secretary determines 
that the requirements of paragraph (2) would impose an undue 
hardship on such petitioner.
 (d) Case in Which Test Procedure is Not Required.--(1) The 
Secretary is not required to publish and prescribe test 
procedures for a covered product (or class thereof) if the 
Secretary determines, by rule, that test procedures cannot be 
developed which meet the requirements of subsection (b)(3) and 
publishes such determination in the Federal Register, together 
with the reasons therefor.
 (2) For purposes of section 327, a determination under 
paragraph (1) with respect to any covered product or class 
shall have the same effect as would a standard prescribed for a 
covered product (or class).
 (e) Amendment of Standard.--(1) In the case of any amended 
test procedure which is prescribed pursuant to this section, 
the Secretary shall determine, in the rulemaking carried out 
with respect to prescribing such procedure, to what extent, if 
any, the proposed test procedure would alter the measured 
energy efficiency, measured energy use, or measured water use 
of any covered product as determined under the existing test 
procedure.
 (2) If the Secretary determines that the amended test 
procedure will alter the measured efficiency or measured use, 
the Secretary shall amend the applicable energy conservation 
standard during the rulemaking carried out with respect to such 
test procedure. In determining the amended energy conservation 
standard, the Secretary shall measure, pursuant to the amended 
test procedure, the energy efficiency, energy use, or water use 
of a representative sample of covered products that minimally 
comply with the existing standard. The average of such energy 
efficiency, energy use, or water use levels determined under 
the amended test procedure shall constitute the amended energy 
conservation standard for the applicable covered products.
 (3) Models of covered products in use before the date on 
which the amended energy conservation standard becomes 
effective (or revisions of such models that come into use after 
such date and have the same energy efficiency, energy use, or 
water use characteristics) that comply with the energy 
conservation standard applicable to such covered products on 
the day before such date shall be deemed to comply with the 
amended energy conservation standard.
 (4) The Secretary's authority to amend energy conservation 
standards under this subsection shall not affect the 
Secretary's obligation to issue final rules as described in 
section 325.
 (f) Additional Consumer and Commercial Products.--(1) Not 
later than 2 years after the date of enactment of this 
subsection, the Secretary shall prescribe testing requirements 
for refrigerated bottled or canned beverage vending machines.
 (2) To the maximum extent practicable, the testing 
requirements prescribed under paragraph (1) shall be based on 
existing test procedures used in industry.

 * * * * * * *

 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:

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

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

 .................. 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.
 (iii) Other amendments to 
 standards.--The Secretary may prescribe 
 a new or amended energy conservation 
 standard for clothes washers in 
 accordance with this section, 
 including--
 (I) a design requirement; and
 (II) a performance standard 
 which prescribes one of the 
 following:
 (aa) A minimum level 
 of energy efficiency.
 (bb) A maximum 
 quantity of energy use.
 (cc) A minimum level 
 of water efficiency.
 (dd) A maximum 
 quantity of water use.
 (ee) A minimum level 
 of energy efficiency 
 and a minimum level of 
 water efficiency.
 (ff) A maximum 
 quantity of energy use 
 and a maximum quantity 
 of water use.
 (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.
 (iii) Other amendments to 
 standards.--The Secretary may prescribe 
 a new or amended energy conservation 
 standard for dishwashers in accordance 
 with this section, including--
 (I) a design requirement; and
 (II) a performance standard 
 which prescribes one of the 
 following:
 (aa) A minimum level 
 of energy efficiency.
 (bb) A maximum 
 quantity of energy use.
 (cc) A minimum level 
 of water efficiency.
 (dd) A maximum 
 quantity of water use.
 (ee) A minimum level 
 of energy efficiency 
 and a minimum level of 
 water efficiency.
 (ff) A maximum 
 quantity of energy use 
 and a maximum quantity 
 of water use.
 (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 
(20) 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 (20) 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).]
 (1) In general.--The Secretary may, for any product, 
 publish a notice of proposed rulemaking including new 
 proposed standards for such product 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.]
 (3) Amendment of standard.--Not later than 2 years 
 after a notice is issued under paragraph (1), the 
 Secretary shall publish a final rule amending the 
 standard for the product.
 (4) Application to products.--An amendment prescribed 
 under this subsection shall apply to a product that is 
 manufactured after the date that is 5 years after 
 publication of the final rule establishing an 
 applicable standard.
 (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] Amendment or 
Revocation of 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 or revoked.
 [(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.]
 (2) The Secretary shall grant a petition to determine if 
standards for a covered product should be amended or revoked if 
the Secretary finds that such petition contains evidence, 
assuming no other evidence were considered, that such 
standards--
 (A) result in additional costs to consumers;
 (B) do not result in significant conservation of 
 energy or water;
 (C) are not technologically feasible; and
 (D) result in such covered product not being 
 commercially available in the United States to all 
 consumers.
 (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.] New, amended, or 
 revoked standards.--[Not later than 3 years]
 (A) 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)] (i) a final rule that contains 
 the new or amended standards; or
 [(B)] (ii) a determination that no 
 new or amended standards are necessary.
 (B) Not later than 180 days after the date of 
 granting a petition to revoke standards, the 
 Secretary shall publish in the Federal 
 Register--
 (i) a final rule revoking the 
 standards; or
 (ii) a determination that it is not 
 necessary to revoke the standards.
 (C) 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.
 (D) Standards that have been revoked pursuant 
 to subparagraph (B) shall be considered to be 
 in effect for purposes of section 327.
 (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)] 5 
 years 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,], or, as 
applicable, 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).]
 (2) Requirements.--
 (A) Design.--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, as 
 applicable, energy efficiency or water 
 efficiency, which the Secretary determines is 
 technologically feasible and economically 
 justified.
 (B) Test procedures.--If the Secretary 
 determines that a test procedure should be 
 prescribed or amended in accordance with 
 section 323 for a type (or class) of covered 
 product, the Secretary may not prescribe a new 
 or amended energy conservation standard under 
 this section for such type (or class) of 
 covered product unless the Secretary has 
 prescribed or amended (and published in the 
 Federal Register) a test procedure for such 
 type (or class) of covered product at least 180 
 days before publishing a notice of proposed 
 rulemaking with respect to the new or amended 
 energy conservation standard.
 (C) Significant conservation.--The Secretary 
 may not prescribe a new or amended energy 
 conservation standard under this section for a 
 type (or class) of covered product if the 
 Secretary determines that the establishment and 
 imposition of such energy conservation standard 
 will not result in significant conservation of, 
 as applicable, energy or water.
 (D) Technologically feasible and economically 
 justified.--The Secretary may not prescribe a 
 new or amended energy conservation standard 
 under this section for a type (or class) of 
 covered product unless the Secretary determines 
 that the establishment and imposition of such 
 energy conservation standard is technologically 
 feasible and economically justified.
 (E) Disclosure.--The Secretary may not 
 prescribe a new or amended energy conservation 
 standard under this section for a type (or 
 class) of covered product unless the Secretary, 
 not later than the date on which the standard 
 is prescribed, publicly discloses each meeting 
 held by the Secretary, during the 5-year period 
 preceding such date, with any entity that--
 (i) has ties to the People's Republic 
 of China or the Chinese Communist 
 Party;
 (ii) has produced studies regarding, 
 or advocated for, regulations or policy 
 to limit, restrict, or ban the use of 
 any type of energy; and
 (iii) has applied for or received 
 Federal funds.
 (3) Factors for determination.--
 (A) Economic analysis.--
 (i) Determination.--Prior to 
 prescribing any new or amended energy 
 conservation standard under this 
 section for any type (or class) of 
 covered product, the Secretary shall 
 conduct a quantitative economic impact 
 analysis of imposition of the energy 
 conservation standard that determines 
 the predicted--
 (I) effects of imposition of 
 the energy conservation 
 standard on costs and monetary 
 benefits to consumers of the 
 products subject to such energy 
 conservation standard, 
 including--
 (aa) costs to low-
 income households; and
 (bb) variations in 
 costs to consumers 
 based on differences in 
 regions, including 
 rural populations, cost 
 of living comparisons, 
 and climatic 
 differences;
 (II) effects of imposition of 
 the energy conservation 
 standard on employment; and
 (III) lifecycle costs for the 
 covered product, including 
 costs associated with the 
 purchase, installation, 
 maintenance, disposal, and 
 replacement of the covered 
 product.
 (ii) Notice and comment.--The 
 Secretary shall provide public notice 
 in the Federal Register and at least 60 
 days for public comment on the 
 quantitative economic impact analysis 
 conducted under clause (i).
 (B) Prohibition on additional costs to the 
 consumer.--The Secretary may not determine that 
 imposition of an energy conservation standard 
 is economically justified unless the Secretary, 
 based on an economic analysis under 
 subparagraph (A), determines that--
 (i) imposition of such energy 
 conservation standard is not likely to 
 result in additional net costs to the 
 consumer, including any increase in net 
 costs associated with the purchase, 
 installation, maintenance, disposal, 
 and replacement of the covered product; 
 and
 (ii) the monetary value of the energy 
 savings and, as applicable, water 
 savings, that the consumer will receive 
 as a result of such energy conservation 
 standard during the first 3 years after 
 purchasing and installing a covered 
 product complying with such energy 
 conservation standard, as calculated 
 under the applicable test procedure, 
 will be greater than any increased 
 costs to the consumer of the covered 
 product due to imposition of such 
 energy conservation standard, including 
 increased costs associated with the 
 purchase, installation, maintenance, 
 disposal, and replacement of the 
 covered product.
 (C) Required energy or water savings.--The 
 Secretary may not determine that imposition of 
 an energy conservation standard is economically 
 justified unless the Secretary determines that 
 compliance with such energy conservation 
 standard will result in--
 (i) a reduction of at least 0.3 quads 
 of site energy over 30 years; or
 (ii) at least a 10 percent reduction 
 in energy or water use of the covered 
 product.
 (D) Criteria related to performance.--The 
 Secretary may not determine that imposition of 
 an energy conservation standard is economically 
 justified unless the Secretary determines that 
 imposition of such energy conservation standard 
 will not result in any lessening of the utility 
 or the performance of the applicable covered 
 product, taking into consideration the effects 
 of such energy conservation standard on--
 (i) the compatibility of the covered 
 product with existing systems;
 (ii) the life span of the covered 
 product;
 (iii) the operating conditions of the 
 covered product;
 (iv) the duty cycle, charging time, 
 and run time of the covered product, as 
 applicable;
 (v) the maintenance requirements of 
 the covered product; and
 (vi) the replacement and disposal 
 requirements for the covered product.
 (E) Technological innovation.--The Secretary 
 may not determine that imposition of an energy 
 conservation standard is economically justified 
 unless the Secretary determines that imposition 
 of such energy conservation standard is not 
 likely to result in the unavailability in the 
 United States of a type (or class) of products 
 based on what type of fuel the product 
 consumes.
 (F) Other considerations.--
 (i) In general.--In determining 
 whether imposition of an energy 
 conservation standard is economically 
 justified, the Secretary--
 (I) shall prioritize the 
 interests of consumers;
 (II) may not consider 
 estimates of the social costs 
 or social benefits associated 
 with incremental greenhouse gas 
 emissions; and
 (III) shall consider--
 (aa) the economic 
 impact, including any 
 regulatory burden, of 
 the standard on the 
 manufacturers and on 
 the consumers of the 
 products subject to 
 such standard;
 (bb) the savings in 
 operating costs, 
 including consumer fuel 
 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;
 (cc) the total 
 projected amount of 
 energy, or, as 
 applicable, water, 
 savings likely to 
 result directly from 
 the imposition of the 
 standard;
 (dd) the need for 
 national energy and 
 water conservation;
 (ee) the impact of 
 any lessening of market 
 competition, as 
 determined in writing 
 by the Attorney General 
 under clause (ii), that 
 is likely to result 
 from the imposition of 
 the standard;
 (ff) whether the 
 imposition of the 
 energy conservation 
 standard is likely to 
 result price 
 discrimination; and
 (gg) other factors 
 the Secretary considers 
 relevant.
 (ii) Attorney general 
 determination.--For purposes of clause 
 (i)(III)(ee), the Attorney General 
 shall make a determination of the 
 impact, if any, of any lessening of 
 market 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.
 (G) Regulatory review.--
 (i) Evaluation.--Not later than 2 years after 
 the issuance of any final rule prescribing a 
 new or amended energy conservation standard 
 under this section for any type (or class) of 
 covered product, the Secretary shall evaluate 
 the rule to determine whether such energy 
 conservation standard is technologically 
 feasible and economically justified and whether 
 the regulatory impact analysis for such rule 
 remains accurate.
 (ii) Effect.--Notwithstanding any other 
 provision of this part, if the Secretary 
 determines, based on an evaluation under clause 
 (i), that an energy conservation standard is 
 not technologically feasible or economically 
 justified--
 (I) the Secretary shall publish such 
 determination and such energy 
 conservation standard shall have no 
 force or effect (except that such 
 energy conservation standard shall be 
 considered to be in effect for purposes 
 of section 327); and
 (II) the Secretary may publish a 
 final rule amending the energy 
 conservation standard for the type (or 
 class) of covered product to be 
 technologically feasible and 
 economically justified in accordance 
 with this subsection, which amendment 
 shall apply to such a product that is 
 manufactured after the date that is 3 
 years after publication of such final 
 rule.
 (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] this subsection; 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] shall apply, in States in 
 which the Secretary has designated the 
 standard to apply, to any such product 
 that is manufactured or imported into 
 the United States on or after the 
 effective date of the standard.
 (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)] as determined in 
 accordance with subsection (o)) 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, 2021.--
 (I) In general.--Not later 
 than July 1, 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, 
 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 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).
 (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.

 requirements of manufacturers

 Sec. 326. (a) In General.--Each manufacturer of a covered 
product to which a rule under section 324 applies shall provide 
a label which meets, and is displayed in accordance with, the 
requirements of such rule. If such manufacturer or any 
distributor, retailer, or private labeler of such product 
advertises such product in a catalog from which it may be 
purchased, such catalog shall contain all information required 
to be displayed on the label, except as otherwise provided by 
rule of the Commission. The preceding sentence shall not 
require that a catalog contain information respecting a covered 
product if the distribution of such catalog commenced before 
the effective date of the labeling rule under section 324 
applicable to such product.
 (b) Notification.--(1) Each manufacturer of a covered product 
to which a rule under section 324 applies shall notify the 
Secretary or the Commission--
 (A) not later than 60 days after the date such rule 
 takes effect, of the models in current production (and 
 starting serial numbers of those models) to which such 
 rule applies; and
 (B) prior to commencement of production, of all 
 models subsequently produced (and starting serial 
 numbers of those models) to which such rule applies.
 (2) If requested by the Secretary or Commission, the 
manufacturer of a covered product to which a rule under section 
324 applies shall provide, within 30 days of the date of the 
request, the data from which the information included on the 
label and required by the rule was derived. Data shall be kept 
on file by the manufacturer for a period specified in the rule.
 (3) When requested--
 (A) by the Secretary for purposes of ascertaining 
 whether a product subject to a standard established in 
 or prescribed under section 325 is in compliance with 
 that standard, or
 (B) by the Commission for purposes of ascertaining 
 whether the information set out on a label of a 
 product, as required under section 324, is accurate,
each manufacturer of such a product shall supply at his expense 
a reasonable number of such covered products to any laboratory 
designated by the Secretary or the Commission, as the case may 
be. Any reasonable charge levied by the laboratory for such 
testing shall be borne by the United States, if and to the 
extent provided in appropriation Acts.
 (4) Each manufacturer of a covered product to which a rule 
under section 324 applies shall annually, at a time specified 
by the Commission, supply to the Commission relevant data 
respecting energy consumption or water use developed in 
accordance with the test procedures applicable to such product 
under section 323.
 (5) A rule under section 323, 324, or 325 may require the 
manufacturer or his agent to permit a representative designated 
by the Commission or the Secretary to observe any testing 
required by this part and inspect the results of such testing.
 (c) Deadline.--Each manufacturer shall use labels reflecting 
the range data required to be disclosed under section 
324(c)(1)(B) after the expiration of 60 days following the date 
of publication of any revised table of ranges unless the rule 
under section 324 provides for a later date. The Commission may 
not require labels be changed to reflect revised tables of 
ranges more often than annually.
 (d) Information Requirements.--(1) For purposes of carrying 
out this part, the Secretary may require, under this part or 
other provision of law administered by the Secretary, each 
manufacturer of a covered product to submit information or 
reports to the Secretary with respect to energy efficiency, 
energy use, [or, in the case of showerheads, faucets, water 
closets, and urinals,] or, as applicable, water use of such 
covered product and the economic impact of any proposed energy 
conservation standard, as the Secretary determines may be 
necessary to establish and revise test procedures, labeling 
rules, and energy conservation standards for such product and 
to insure compliance with the requirements of this part. In 
making any determination under this paragraph, the Secretary 
shall consider existing public sources of information, 
including nationally recognized certification programs of trade 
associations.
 (2) The Secretary shall exercise authority under this section 
in a manner design