S.Amdt. 1879

1. Adds SEC. 4__. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS on page 47, between lines 16 and 17

   Adds a sectionPrinted page

   Inserted: SEC. 4__. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.

   Inserted: Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following:

   Inserted: "(6) Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products.--

   Inserted: "(A) In general.--For the purpose of receiving reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342 for covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), and for the purpose of routine testing to verify the product ratings of the covered products and equipment, the Secretary and Administrator shall rely on voluntary certification programs that--

   Inserted: "(i) are nationally recognized;

   Inserted: "(ii) maintain a publicly available list of all certified models;

   Inserted: "(iii)(I) unless the Secretary allows the verification testing of fewer product families, annually test at least 20 percent of product families to verify the product ratings of the product families; and

   Inserted: "(II) provide to the Secretary a list of product families whose product ratings are to be verified to allow the Secretary, to the maximum extent practicable, to identify any additional models as priorities for verification testing;

   Inserted: "(iv) require the changing of product ratings or removal of products from the program to reflect verified test ratings for products that are determined to have ratings that do not meet the levels the manufacturer has certified to the Secretary;

   Inserted: "(v) require the qualification of new participants in the program through testing and production of test reports;

   Inserted: "(vi) allow for challenge testing of products covered within the scope of the program;

   Inserted: "(vii) require program participants to certify all products within the scope of the program;

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   Inserted: "(viii) are conducted by a certification body that is accredited under International Organization for Standardization/ International Electrotechnical Commission (ISO/IEC) Standard 17065;

   Inserted: "(ix) provide to the Secretary--

   Inserted: "(I) an annual report of all test results;

   Inserted: "(II) prompt notification when program testing results in rerating of product performance or delisting of a product; and

   Inserted: "(III) test reports on the request of the Secretary;

   Inserted: "(x) use verification testing that--

   Inserted: "(I) is conducted by an independent third-party test laboratory that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products;

   Inserted: "(II) follows the test procedures established under this title; and

   Inserted: "(III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and

   Inserted: "(xi) satisfy such other requirements as the Secretary has determined--

   Inserted: "(I) are essential to ensure standards compliance; or

   Inserted: "(II) have consensus support achieved through a negotiated rulemaking process.

   Inserted: "(B) Administration.--

   Inserted: "(i) In general.--The Secretary shall not require--

   Inserted: "(I) manufacturers to participate in a voluntary certification program described in subparagraph (A); or

   Inserted: "(II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (A).

   Inserted: "(ii) Reduction of requirements.--Any rules promulgated by the Secretary that require testing of products for verification of product ratings shall reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (A) for the products relative to other manufacturers.

   Inserted: "(iii) Periodic testing by program nonparticipants.--In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (A)--

   Inserted: "(I) to verify the accuracy of the product ratings of the manufacturer through periodic testing using verification testing described in subparagraph (A)(x); and

   Inserted: "(II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each product family of the manufacturer.

   Inserted: "(iv) Restrictions on test laboratories.--

   Inserted: "(I) In general.--Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (A) shall not be a test laboratory that conducts the testing on products covered within the scope of the program.

   Inserted: "(II) Limitation.--Subclause (I) shall not apply to Energy Star specifications established under section 324A.

   Inserted: "(v) Effect on other authority.--Nothing in this paragraph limits the authority of the Secretary to test products or to enforce compliance with any law (including regulations).".

   Original wording

   On page 47, between lines 16 and 17, insert the following:

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As printed