To improve the bill.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 2861. Mr. PRYOR (for Mr. Bingaman) proposed an amendment to the
bill H.R. 4850, to allow for innovations and alternative technologies
that meet or exceed desired energy efficiency goals.

       At the end of the bill, add the following:

     SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER
                   HEATERS.

       Section 325(e) of the Energy Policy and Conservation Act
     (42 U.S.C. 6295(e)) is amended by adding at the end the
     following:
       ``(5) Uniform efficiency descriptor for covered water
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered water heater.--The term `covered water
     heater' means--

       ``(I) a water heater; and
       ``(II) a storage water heater, instantaneous water heater,
     and unfired 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 180 days
     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.--Subclause (E) shall apply during the
     period--

       ``(I) beginning on the date of publication of the
     conversion factor in the Federal Register; and
       ``(II) ending on April 16, 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.''.

     SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM
                   TEMPERATURE COMMERCIAL REFRIGERATORS.

       Section 342(c) of the Energy Policy and Conservation Act
     (42 U.S.C. 6313(c)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (E);
     and
       (B) by inserting after subparagraph (B) the following:
       ``(C) The term `service over the counter, self-contained,
     medium temperature commercial refrigerator' or `(SOC-SC-M)'
     means a medium temperature commercial refrigerator--
       ``(i) with a self-contained condensing unit and equipped
     with sliding or hinged doors in the back intended for use by
     sales personnel, and with glass or other transparent material
     in the front for displaying merchandise; and
       ``(ii) that has a height not greater than 66 inches and is
     intended to serve as a counter for transactions between sales
     personnel and customers.
       ``(D) The term `TDA' means the total display area (ft\2\)
     of the refrigerated case, as defined in AHRI Standard
     1200.'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Each SOC-SC-M manufactured on or after January 1,
     2012, shall have a total daily energy consumption (in
     kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.

     SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE
                   CHANGES.

       (a) Through-the-Wall Central Air Conditioners, Through-the-
     Wall Central Air Conditioning Heat Pumps, and Small Duct,
     High Velocity Systems.--Section 325(d) of the Energy Policy
     and Conservation Act (42 U.S.C. 6295(d)) is amended by adding
     at the end the following:
       ``(4) Standards for through-the-wall central air
     conditioners, through-the-wall central air conditioning heat
     pumps, and small duct, high velocity systems.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Small duct, high velocity system.--The term `small
     duct, high velocity system' means a heating and cooling
     product that contains a blower and indoor coil combination
     that--

       ``(I) is designed for, and produces, at least 1.2 inches of
     external static pressure when operated at the certified air
     volume rate of 220-350 CFM per rated ton of cooling; and
       ``(II) when applied in the field, uses high velocity room
     outlets generally greater than 1,000 fpm that have less than
     6.0 square inches of free area.

       ``(ii) Through-the-wall central air conditioner; through-
     the-wall central air conditioning heat pump.--The terms
     `through-the-wall central air conditioner' and `through-the-
     wall central air conditioning heat pump' mean a central air
     conditioner or heat pump, respectively, that is designed to
     be installed totally or partially within a fixed-size opening
     in an exterior wall, and--

       ``(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.

[[Page S6650]]

       ``(ii) Heating seasonal performance factor.--The heating
     seasonal performance factor for small-duct high-velocity
     systems shall be not less than--

       ``(I) 6.8 for products manufactured on or after January 23,
     2006; and
       ``(II) 7.2 for products manufactured on or after January 1,
     2015.

       ``(C) Subsequent rulemakings.--The Secretary shall conduct
     subsequent rulemakings for through-the-wall central air
     conditioners, through-the-wall central air conditioning heat
     pumps, and small duct, high velocity systems as part of any
     rulemaking under this section used to review or revise
     standards for other central air conditioners and heat
     pumps.''.
       (b) Duty to Review Commercial Equipment.--Section 342(a)(6)
     of the Energy Policy and Conservation Act (42 U.S.C.
     6313(a)(6)) is amended--
       (1) in subparagraph (A)(i), by inserting ``the standard
     levels or design requirements applicable under that standard
     to'' immediately before ``any small commercial''; and
       (2) in subparagraph (C)--
       (A) in clause (i)--
       (i) by striking ``Not later than 6 years after issuance of
     any final rule establishing or amending a standard, as
     required for a product under this part,'' and inserting
     ``Every 6 years,''; and
       (ii) by inserting after ``the Secretary shall'' the
     following: ``conduct an evaluation of each class of covered
     equipment and shall''; and
       (B) by adding at the end the following:
       ``(vi) For any covered equipment as to which more than 6
     years has elapsed since the issuance of the most recent final
     rule establishing or amending a standard for the product as
     of the date of enactment of this clause, the first notice
     required under clause (i) shall be published by December 31,
     2013.''.
       (c) Petition for Amended Standards.--Section 325(n) of the
     Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is
     amended--
       (1) by redesignating paragraph (3) as paragraph (5); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Notice of decision.--Not later than 180 days after
     the date of receiving a petition, the Secretary shall publish
     in the Federal Register a notice of, and explanation for, the
     decision of the Secretary to grant or deny the petition.
       ``(4) New or amended standards.--Not later than 3 years
     after the date of granting a petition for new or amended
     standards, the Secretary shall publish in the Federal
     Register--
       ``(A) a final rule that contains the new or amended
     standards; or
       ``(B) a determination that no new or amended standards are
     necessary.''.

     SEC. 6. TECHNICAL CORRECTIONS.

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

       ``(I) the economic impact of the standard on the
     manufacturers and on the consumers of the products subject to
     the standard;
       ``(II) the savings in operating costs throughout the
     estimated average life of the product in the type (or class)
     compared to any increase in the price of, or in the initial
     charges for, or maintenance expenses of, the products that
     are likely to result from the imposition of the standard;
       ``(III) the total projected quantity of energy savings
     likely to result directly from the imposition of the
     standard;
       ``(IV) any lessening of the utility or the performance of
     the products likely to result from the imposition of the
     standard;
       ``(V) the impact of any lessening of competition, as
     determined in writing by the Attorney General, that is likely
     to result from the imposition of the standard;
       ``(VI) the need for national energy conservation; and
       ``(VII) other factors the Secretary considers relevant.

       ``(iii) Administration.--

       ``(I) Energy use and efficiency.--The Secretary may not
     prescribe any amended standard under this paragraph that
     increases the maximum allowable energy use, or decreases the
     minimum required energy efficiency, of a covered product.
       ``(II) Unavailability.--

       ``(aa) In general.--The Secretary may not prescribe an
     amended standard under this subparagraph if the Secretary
     finds (and publishes the finding) that interested persons
     have established by a preponderance of the evidence that a
     standard is likely to result in the unavailability in the
     United States in any product type (or class) of performance
     characteristics (including reliability, features, sizes,
     capacities, and volumes) that are substantially the same as
     those generally available in the United States at the time of
     the finding of the Secretary.
       ``(bb) Other types or classes.--The failure of some types
     (or classes) to meet the criterion established under this
     subclause shall not affect the determination of the Secretary
     on whether to prescribe a standard for the other types or
     classes.''; and
       (B) in subparagraph (C)(iv), by striking ``An amendment
     prescribed under this subsection'' and inserting
     ``Notwithstanding subparagraph (D), an amendment prescribed
     under this subparagraph''.
       (4) Section 342(a)(6)(B)(iii) of the Energy Policy and
     Conservation Act (as added by section 306(c) of the Energy
     Independence and Security Act of 2007 (121 Stat. 1559)) is
     transferred and redesignated as clause (vi) of section
     342(a)(6)(C) of the Energy Policy and Conservation Act (as
     amended by section 305(b)(2) of the Energy Independence and
     Security Act of 2007 (121 Stat. 1554)).
       (5) Section 345 of the Energy Policy and Conservation Act
     (42 U.S.C. 6316) (as amended by section 312(e) of the Energy
     Independence and Security Act of 2007 (121 Stat. 1567)) is
     amended--
       (A) by striking ``subparagraphs (B) through (G)'' each
     place it appears and inserting ``subparagraphs (B), (C), (D),
     (I), (J), and (K)'';
       (B) by striking ``part A'' each place it appears and
     inserting ``part B''; and
       (C) in subsection (a)--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9), by striking the period at the end
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(10) section 327 shall apply with respect to the
     equipment described in section 340(1)(L) beginning on the
     date on which a final rule establishing an energy
     conservation standard is issued by the Secretary, except that
     any State or local standard prescribed or enacted for the
     equipment before the date on which the final rule is issued
     shall not be preempted until the energy conservation standard
     established by the Secretary for the equipment takes
     effect.'';
       (D) in subsection (b)(1), by striking ``section 325(p)(5)''
     and inserting ``section 325(p)(4)''; and
       (E) in subsection (h)(3), by striking ``section 342(f)(3)''
     and inserting ``section 342(f)(4)''.
       (6) Section 321(30)(D)(i)(III) of the Energy Policy and
     Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended
     by section 321(a)(1)(A) of the Energy Independence and
     Security Act of 2007 (121 Stat. 1574)) is amended by
     inserting before the semicolon the following: ``or, in the
     case of a modified spectrum lamp, not less than 232 lumens
     and not more than 1,950 lumens''.
       (7) Section 321(30)(T) of the Energy Policy and
     Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by
     section 321(a)(1)(B) of the Energy Independence and Security
     Act of 2007 (121 Stat. 1574)) is amended--
       (A) in clause (i)--
       (i) by striking the comma after ``household appliance'' and
     inserting ``and''; and
       (ii) by striking ``and is sold at retail,''; and
       (B) in clause (ii), by inserting ``when sold at retail,''
     before ``is designated''.
       (8) Section 325(l)(4)(A) of the Energy Policy and
     Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by
     section 321(a)(3)(B) of the Energy Independence and Security
     Act of 2007 (121 Stat. 1581)) is amended by striking
     ``only''.
       (9) Section 327(b)(1)(B) of the Energy Policy and
     Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by
     section 321(d)(3) of the Energy Independence and Security Act
     of 2007 (121 Stat. 1585)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a
     period; and
       (C) by striking clause (iii).
       (10) Section 321(30)(C)(ii) of the Energy Policy and
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by
     section 322(a)(1)(B) of the Energy Independence and Security
     Act of 2007 (121 Stat. 1587)) is amended by inserting a
     period after ``40 watts or higher''.
       (11) Section 322(b) of the Energy Independence and Security
     Act of 2007 (121 Stat. 1588) is amended by striking
     ``6995(i)'' and inserting ``6295(i)''.
       (12) Section 325(b) of the Energy Independence and Security
     Act of 2007 (121 Stat. 1596) is amended by striking
     ``6924(c)'' and inserting ``6294(c)''.
       (13) This subsection and the amendments made by this
     subsection take effect as if included in the Energy
     Independence and Security Act of 2007 (Public Law 110-140;
     121 Stat. 1492).

[[Page S6651]]

       (b) Energy Policy Act of 2005.--
       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is
     amended by striking ``20F'' and inserting ``20F''.
       (2) This subsection and the amendment made by this
     subsection take effect as if included in the Energy Policy
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--
       (1) Section 340(2)(B) of the Energy Policy and Conservation
     Act (42 U.S.C. 6311(2)(B)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) other motors.''.
       (2) Section 343(a) of the Energy Policy and Conservation
     Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
     Conditioning and Refrigeration Institute'' each place it
     appears in paragraphs (4)(A) and (7) and inserting ``Air-
     Conditioning, Heating, and Refrigeration Institute''.
                                 ______