S. 598 – Reading Mode | Legislate.dev

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Appliance Standards Improvement Act of 2009.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Test procedure petition process.

Sec. 3. Energy Star program.

Sec. 4. Petition for amended standards.

Sec. 5. Portable light fixtures.

Sec. 6. GU–24 base lamps.

Sec. 7. Study of compliance with energy standards for appliances.

Sec. 8. Study of direct current electricity supply in certain buildings.

Sec. 9. Motor market assessment and commercial awareness program.

2.

Test procedure petition process

(a)

Consumer products other than automobiles

Section 323(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended—

(1)

in subparagraph (A)(i), by striking amend and inserting publish in the Federal Register amended; and

(2)

by adding at the end the following:

(B)

Petitions

(i)

In general

In the case of any covered product, any person may petition the Secretary to conduct a rulemaking—

(I)

to prescribe a test procedure for the covered product; or

(II)

to amend the test procedures applicable to the covered product to more accurately or fully comply with paragraph (3).

(ii)

Determination

The Secretary shall—

(I)

not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; and

(II)

not later than 180 days after the date of receipt of the petition, grant or deny the petition.

(iii)

Basis

The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately or fully comply with paragraph (3).

(iv)

Effect on other requirements

The granting of a petition by the Secretary under this subparagraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraph (3).

(v)

Rulemaking

(I)

In general

Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method.

(II)

Extension

The Secretary may extend the period described in subclause (I) for 1 additional year.

(III)

Direct final rule

The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p)(4).

.

(b)

Certain industrial equipment

Section 343 of the Energy Policy and Conservation Act (42 U.S.C. 6314) is amended—

(1)

in subsection (a), by striking paragraph (1) and inserting the following:

(1)

Amendment and petition process

(A)

In general

At least once every 7 years, the Secretary shall review test procedures for all covered equipment and—

(i)

publish in the Federal Register amended test procedures with respect to any covered equipment, if the Secretary determines that amended test procedures would more accurately or fully comply with paragraphs (2) and (3); or

(ii)

publish notice in the Federal Register of any determination not to amend a test procedure.

(B)

Petitions

(i)

In general

In the case of any class or category of covered equipment, any person may petition the Secretary to conduct a rulemaking—

(I)

to prescribe a test procedure for the covered equipment; or

(II)

to amend the test procedures applicable to the covered equipment to more accurately or fully comply with paragraphs (2) and (3).

(ii)

Determination

The Secretary shall—

(I)

not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; and

(II)

not later than 180 days after the date of receipt of the petition, grant or deny the petition.

(iii)

Basis

The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately promote energy or water use efficiency.

(iv)

Effect on other requirements

The granting of a petition by the Secretary under this paragraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraphs (2) and (3).

(v)

Rulemaking

(I)

In general

Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method.

(II)

Extension

The Secretary may extend the period described in subclause (I) for 1 additional year.

(III)

Direct final rule

The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p).

;

(2)

by striking subsection (c); and

(3)

by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

3.

Energy Star program

(a)

Division of responsibilities

Section 324A(b) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(b)) is amended—

(1)

by striking Responsibilities and inserting the following:

(1)

In general

Responsibilities

; and

(2)

by adding at the end the following:

(2)

Update

Not later than 180 days after the date of enactment of this paragraph, the Secretary and the Administrator shall update the agreements described in paragraph (1), including agreements on provisions that provide—

(A)

a clear delineation of the roles and responsibilities of each agency that is based on the resources and areas of expertise of each agency;

(B)

a formal process for high-level decisionmaking that allows each agency to make specific programmatic decisions based on the program approaches of each agency;

(C)

a facilitated annual planning meeting that establishes strategic priorities and goals for the coming year;

(D)

a prescribed course of action to work through differences and disagreements;

(E)

a facilitated biannual program review conducted by a third-party that—

(i)

incorporates an assessment of program progress, partner acceptance, the achievement of program goals, and future strategic planning; and

(ii)

is evaluated by the Council on Environmental Quality, which shall appraise the findings in the review and work with the agencies to resolve any negative findings; and

(F)

a sunset date for the new agreement and a timetable for establishing future agreements based on priorities at that time.

.

(b)

Duties

Section 324A(c) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(c)) is amended—

(1)

in paragraph (6), by striking and after the semicolon at the end;

(2)

in paragraph (7), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(8)

(A)

review each product category—

(i)

at least once every 3 years; or

(ii)

when market share for an Energy Star product category reaches 35 percent;

(B)

based on the review—

(i)

update and publish the Energy Star product criteria for the category; or

(ii)

publish a finding that no update is justified with the explanation for the finding; and

(C)

during the initial review for each product category, establish an alternative market share to trigger subsequent reviews, based on product-specific technology and market attributes;

(9)

require a demonstration of compliance with the Energy Star criteria by qualified products, except that—

(A)

the demonstration shall be conducted in accordance with appropriate methods determined for each product type by the Secretary or the Administrator of the Environmental Protection Agency (as appropriate), including—

(i)

third-party verification;

(ii)

third-party certification;

(iii)

purchase and testing of products from the market; or

(iv)

other verified testing and compliance approaches; and

(B)

the Secretary or Administrator may exempt specific types of products from the requirements of this subparagraph if the Secretary or Administrator finds that—

(i)

the benefits to the Energy Star program of verifying product performance are substantially exceeded by the burdens; or

(ii)

there are no benefits to the Energy Star program; and

(10)

develop and publish standardized building energy audit methods.

.

(c)

Funding

Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the following:

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1)

to the Department of Energy $25,000,000 for each fiscal year; and

(2)

to the Environmental Protection Agency $100,000,000 for each fiscal year.

.

4.

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.

.

5.

Portable light fixtures

(a)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by adding at the end the following:

(67)

Art work light fixture

The term art work light fixture means a light fixture designed only to be mounted directly to an art work and for the purpose of illuminating that art work.

(68)

LED light engine

The term LED light engine or LED light engine with integral heat sink means a subsystem of an LED light fixture that—

(A)

includes 1 or more LED components, including—

(i)

an LED driver power source with electrical and mechanical interfaces; and

(ii)

an integral heat sink to provide thermal dissipation; and

(B)

may be designed to accept additional components that provide aesthetic, optical, and environmental control.

(69)

LED light fixture

The term LED light fixture means a complete lighting unit consisting of—

(A)

an LED light source with 1 or more LED lamps or LED light engines; and

(B)

parts—

(i)

to distribute the light;

(ii)

to position and protect the light source; and

(iii)

to connect the light source to electrical power.

(70)

Light fixture

The term light fixture means a product designed to provide light that includes—

(A)

at least 1 lamp socket; and

(B)

parts—

(i)

to distribute the light;

(ii)

position and protect 1 or more lamps; and

(iii)

to connect 1 or more lamps to a power supply.

(71)

Portable light fixture

(A)

In general

The term portable light fixture means a light fixture that has a flexible cord and an attachment plug for connection to a nominal 120-volt circuit that—

(i)

allows the user to relocate the product without any rewiring; and

(ii)

typically can be controlled with a switch located on the product or the power cord of the product.

(B)

Exclusions

The term portable light fixture does not include—

(i)

direct plug-in night lights, sun or heat lamps, medical or dental lights, portable electric hand lamps, signs or commercial advertising displays, photographic lamps, germicidal lamps, or light fixtures for marine use or for use in hazardous locations (as those terms are defined in ANSI/NFPA 70 of the National Electrical Code); or

(ii)

decorative lighting strings, decorative lighting outfits, or electric candles or candelabra without lamp shades that are covered by Underwriter Laboratories (UL) standard 588, Seasonal and Holiday Decorative Products.

.

(b)

Coverage

(1)

In general

Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended—

(A)

by redesignating paragraph (20) as paragraph (21); and

(B)

by inserting after paragraph (19) the following:

(20)

Portable light fixtures.

.

(2)

Conforming amendments

Section 325(l) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by striking paragraph (19) each place it appears in paragraphs (1) and (2) and inserting paragraph (21).

(c)

Test procedures

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the following:

(19)

LED fixtures and LED light engines

Test procedures for LED fixtures and LED light engines shall be based on Illuminating Engineering Society of North America test procedure LM–79, Approved Method for Electrical and Photometric Testing of Solid-State Lighting Devices.

.

(d)

Standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—

(1)

by redesignating subsection (ii) as subsection (kk); and

(2)

by inserting after subsection (hh) the following:

(ii)

Portable light fixtures

(1)

In general

Subject to paragraphs (2) and (3), portable light fixtures manufactured on or after January 1, 2012, shall meet 1 or more of the following requirements:

(A)

Be a fluorescent light fixture that meets the requirements of the Energy Star Program for Residential Light Fixtures, Version 4.2.

(B)

Be equipped with only 1 or more GU–24 line-voltage sockets and not be rated for use with incandescent lamps of any type, as defined in ANSI standards.

(C)

Be an LED light fixture or a light fixture with an LED light engine and comply with the following minimum requirements:

(i)

Minimum light output: 200 lumens (initial).

(ii)

Minimum LED light engine efficacy: 40 lumens/watt installed in fixtures that meet the minimum light fixture efficacy of 29 lumens/watt or, alternatively, a minimum LED light engine efficacy of 60 lumens/watt for fixtures that do not meet the minimum light fixture efficacy of 29 lumens/watt.

(iii)

All portable fixtures shall have a minimum LED light fixture efficacy of 29 lumens/watt and a minimum LED light engine efficacy of 60 lumens/watt by January 1, 2016.

(iv)

Color Correlated Temperature (CCT): 2700K through 4200K.

(v)

Minimum Color Rendering Index (CRI): 75.

(vi)

Power factor equal to or greater than 0.70.

(vii)

Portable luminaries that have internal power supplies shall have zero standby power when the luminaire is turned off.

(viii)

LED light sources shall deliver at least 70 percent of initial lumens for at least 25,000 hours.

(D)

(i)

Be equipped with an ANSI-designated E12, E17, or E26 screw-based socket and be prepackaged and sold together with 1 screw-based compact fluorescent lamp or screw-based LED lamp for each screw-based socket on the portable light fixture.

(ii)

The compact fluorescent or LED lamps prepackaged with the light fixture shall be fully compatible with any light fixture controls incorporated into the light fixture (for example, light fixtures with dimmers shall be packed with dimmable lamps).

(iii)

Compact fluorescent lamps prepackaged with light fixtures shall meet the requirements of the Energy Star Program for CFLs Version 4.0.

(iv)

Screw-based LED lamps shall comply with the minimum requirements described in subparagraph (C).

(E)

Be equipped with 1 or more single-ended, non-screw based halogen lamp sockets (line or low voltage), a dimmer control or high-low control, and be rated for a maximum of 100 watts.

(2)

Review

(A)

Review

The Secretary shall review the criteria and standards established under paragraph (1) to determine if revised standards are technologically feasible and economically justified.

(B)

Components

The review shall include consideration of whether—

(i)

a separate compliance procedure is still needed for halogen fixtures described in subparagraph (E) and, if necessary, what an appropriate standard for halogen fixtures shall be;

(ii)

the specific technical criteria described in subparagraphs (A), (C), and (D)(iii) should be modified; and

(iii)

certain fixtures should be exempted from the light fixture efficacy standard as of January 1, 2016, because the fixtures are primarily decorative in nature (as defined by the Secretary) and, even if exempted, are likely to be sold in limited quantities.

(C)

Timing

(i)

Determination

Not later than January 1, 2014, the Secretary shall publish amended standards, or a determination that no amended standards are justified, under this subsection.

(ii)

Standards

Any standards under this subsection take effect on January 1, 2016.

(3)

Art work light fixtures

Art work light fixtures manufactured on or after January 1, 2012, shall—

(A)

comply with paragraph (1); or

(B)

(i)

contain only ANSI-designated E12 screw-based line-voltage sockets;

(ii)

have not more than 3 sockets;

(iii)

be controlled with an integral high/low switch;

(iv)

be rated for not more than 25 watts if fitted with 1 socket; and

(v)

be rated for not more than 15 watts per socket if fitted with 2 or 3 sockets.

(4)

Exception from preemption

Notwithstanding section 327, Federal preemption shall not apply to a regulation concerning portable light fixtures adopted by the California Energy Commission on or before January 1, 2014.

.

6.

GU–24 base lamps

(a)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 5(a)) is amended by adding at the end the following:

(72)

GU–24

The term GU–24” means the designation of a lamp socket, based on a coding system by the International Electrotechnical Commission, under which—

(A)

G indicates a holder and socket type with 2 or more projecting contacts, such as pins or posts;

(B)

U distinguishes between lamp and holder designs of similar type that are not interchangeable due to electrical or mechanical requirements; and

(C)

24 indicates the distance in millimeters between the electrical contact posts.

(73)

GU–24 adaptor

(A)

In general

The term GU–24 Adaptor means a 1-piece device, pig-tail, wiring harness, or other such socket or base attachment that—

(i)

connects to a GU–24 socket on 1 end and provides a different type of socket or connection on the other end; and

(ii)

does not alter the voltage.

(B)

Exclusion

The term GU–24 Adaptor does not include a fluorescent ballast with a GU–24 base.

(74)

GU–24 base lamp

GU–24 base lamp means a light bulb designed to fit in a GU–24 socket.

.

(b)

Standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 5(d)) is amended by inserting after subsection (ii) the following:

(jj)

GU–24 base lamps

(1)

In general

A GU–24 base lamp shall not be an incandescent lamp as defined by ANSI.

(2)

GU–24 adaptors

GU–24 adaptors shall not adapt a GU–24 socket to any other line voltage socket.

.

7.

Study of compliance with energy standards for appliances

(a)

In general

The Secretary of Energy shall conduct a study of the degree of compliance with energy standards for appliances, including an investigation of compliance rates and options for improving compliance, including enforcement.

(b)

Report

Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.

8.

Study of direct current electricity supply in certain buildings

(a)

In general

The Secretary of Energy shall conduct a study—

(1)

of the costs and benefits (including significant energy efficiency, power quality, and other power grid, safety, and environmental benefits) of requiring high-quality, direct current electricity supply in certain buildings; and

(2)

to determine, if the requirement described in paragraph (1) is imposed, what the policy and role of the Federal Government should be in realizing those benefits.

(b)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.

9.

Motor market assessment and commercial awareness program

(a)

Findings

Congress finds that—

(1)

electric motor systems account for about half of the electricity used in the United States;

(2)

electric motor energy use is determined by both the efficiency of the motor and the system in which the motor operates;

(3)

Federal Government research on motor end use and efficiency opportunities is more than a decade old; and

(4)

the Census Bureau has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales.

(b)

Definitions

In this section:

(1)

Department

The term Department means the Department of Energy.

(2)

Interested parties

The term interested parties includes—

(A)

trade associations;

(B)

motor manufacturers;

(C)

motor end users;

(D)

electric utilities; and

(E)

individuals and entities that conduct energy efficiency programs.

(3)

Secretary

The term Secretary means the Secretary of Energy, in consultation with interested parties.

(c)

Assessment

The Secretary shall conduct an assessment of electric motors and the electric motor market in the United States that shall—

(1)

include important subsectors of the industrial and commercial electric motor market (as determined by the Secretary), including—

(A)

the stock of motors and motor-driven equipment;

(B)

efficiency categories of the motor population; and

(C)

motor systems that use drives, servos, and other control technologies;

(2)

characterize and estimate the opportunities for improvement in the energy efficiency of motor systems by market segment, including opportunities for—

(A)

expanded use of drives, servos, and other control technologies;

(B)

expanded use of process control, pumps, compressors, fans or blowers, and material handling components; and

(C)

substitution of existing motor designs with existing and future advanced motor designs, including electronically commutated permanent magnet, interior permanent magnet, and switched reluctance motors; and

(3)

develop an updated profile of motor system purchase and maintenance practices, including surveying the number of companies that have motor purchase and repair specifications, by company size, number of employees, and sales.

(d)

Recommendations; update

Based on the assessment conducted under subsection (c), the Secretary shall—

(1)

develop—

(A)

recommendations to update the detailed motor profile on a periodic basis;

(B)

methods to estimate the energy savings and market penetration that is attributable to the Save Energy Now Program of the Department; and

(C)

recommendations for the Director of the Census Bureau on market surveys that should be undertaken in support of the motor system activities of the Department; and

(2)

prepare an update to the Motor Master+ program of the Department.

(e)

Program

Based on the assessment, recommendations, and update required under subsections (c) and (d), the Secretary shall establish a proactive, national program targeted at motor end-users and delivered in cooperation with interested parties to increase awareness of—

(1)

the energy and cost-saving opportunities in commercial and industrial facilities using higher efficiency electric motors;

(2)

improvements in motor system procurement and management procedures in the selection of higher efficiency electric motors and motor-system components, including drives, controls, and driven equipment; and

(3)

criteria for making decisions for new, replacement, or repair motor and motor system components.