CHAPTER 77 —ENERGY CONSERVATION
SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY
Part A—Domestic Supply
Part B—Strategic Petroleum Reserve
Part C—Authority To Contract for Petroleum Product Not Owned by United States
Part D—Northeast Home Heating Oil Reserve
Part E—Expiration
SUBCHAPTER II—STANDBY ENERGY AUTHORITIES
Part A—General Emergency Authorities
Part B—Authorities With Respect to International Energy Program
Part C—Summer Fill and Fuel Budgeting Programs
Part D—Expiration
SUBCHAPTER III—IMPROVING ENERGY EFFICIENCY
Part A—Energy Conservation Program for Consumer Products Other Than Automobiles
Part A–1—Certain Industrial Equipment
Part B—State Energy Conservation Plans
Part C—Industrial Energy Efficiency
Part D—Other Federal Energy Conservation Measures
Part E—Energy Conservation Program for Schools and Hospitals
Part F—Energy Conservation Program for Buildings Owned by Units of Local Government and Public Care Institutions
Part G—Off-Highway Motor Vehicles
Part H—Encouraging Use of Alternative Fuels
SUBCHAPTER IV—GENERAL PROVISIONS
Part A—Energy Data Base and Energy Information
Part B—General Provisions
Part C—Congressional Review
§6201. Congressional statement of purpose
The purposes of this chapter are—
(1) to grant specific authority to the President to fulfill obligations of the United States under the international energy program;
(2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions;
(3) Repealed.
(4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses;
(5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products;
(6) Repealed.
(7) to provide a means for verification of energy data to assure the reliability of energy data; and
(8) to conserve water by improving the water efficiency of certain plumbing products and appliances.
(
Editorial Notes
References in Text
This chapter, referred to in introductory clause, was in the original "this Act", meaning
Amendments
2000—Par. (1).
Par. (3).
Par. (6).
1992—Par. (8).
Statutory Notes and Related Subsidiaries
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2014 Amendment
Short Title of 2012 Amendment
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Short Title of 1988 Amendment
Short Title of 1987 Amendment
Short Title of 1985 Amendment
Short Title of 1984 Amendment
Short Title of 1982 Amendment
Short Title of 1981 Amendment
Short Title
National Oilheat Research Alliance
"SEC. 701. SHORT TITLE.
"This title may be cited as the 'National Oilheat Research Alliance Act of 2000'.
"SEC. 702. FINDINGS.
"Congress finds that—
"(1) oilheat fuel is an important commodity relied on by approximately 30,000,000 Americans as an efficient and economical energy source for commercial and residential space and hot water heating;
"(2) oilheat fuel equipment operates at efficiencies among the highest of any space heating energy source, reducing fuel costs and making oilheat fuel an economical means of space heating;
"(3) the production, distribution, and marketing of oilheat fuel and oilheat fuel equipment plays a significant role in the economy of the United States, accounting for approximately $12,900,000,000 in expenditures annually and employing millions of Americans in all aspects of the oilheat fuel industry;
"(4) only very limited Federal resources have been made available for oilheat fuel research, development, safety, training, and education efforts, to the detriment of both the oilheat fuel industry and its 30,000,000 consumers;
"(5) the cooperative development, self-financing, and implementation of a coordinated national oilheat fuel industry program of research and development, training, and consumer education is necessary and important for the welfare of the oilheat fuel industry, the general economy of the United States, and the millions of Americans that rely on oilheat fuel for commercial and residential space and hot water heating;
"(6) consumers of oilheat fuel fuel [sic] are provided service by thousands of small businesses that are unable to individually develop training programs to facilitate the entry of new and qualified workers into the oilheat fuel fuel [sic] industry;
"(7) small businesses and trained employees are in an ideal position—
"(A) to provide information to consumers about the benefits of improved efficiency; and
"(B) to encourage consumers to value efficiency in energy choices and assist individuals in conserving energy;
"(8) additional research is necessary—
"(A) to improve oilheat fuel fuel [sic] equipment; and
"(B) to develop domestic renewable resources that can be used to safely and affordably heat homes;
"(9) since there are no Federal resources available to assist the oilheat fuel fuel [sic] industry, it is necessary and appropriate to develop a self-funded program dedicated—
"(A) to improving efficiency in customer homes;
"(B) to assist individuals to gain employment in the oilheat fuel fuel [sic] industry; and
"(C) to develop domestic renewable resources;
"(10) both consumers of oilheat fuel fuel [sic] and retailers would benefit from the self-funded program; and
"(11) the oilheat fuel fuel [sic] industry is committed to providing appropriate funding necessary to carry out the purposes of this title without passing additional costs on to residential consumers.
"SEC. 703. DEFINITIONS.
"In this title:
"(1)
"(2)
"(3)
"(A) the net present value of economic benefits over the life of the program or activity, including avoided supply and delivery costs and deferred or avoided investments; is greater than
"(B) the net present value of the economic costs over the life of the program or activity, including program costs and incremental costs borne by the energy consumer.
"(4)
"(A) entitles each party or its customers to receive oilheat fuel from the other party; and
"(B) requires only an insubstantial portion of the volumes involved in the exchange to be settled in cash or property other than the oilheat fuel.
"(5)
"(6)
"(7)
"(8)
"(A) is—
"(i) No. 1 distillate;
"(ii) No. 2 dyed distillate;
"(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; or
"(iv) a biobased liquid; and
"(B) is used as a fuel for nonindustrial commercial or residential space or hot water heating.
"(9)
"(A)
"(i) persons in the production, transportation, or sale of oilheat fuel; and
"(ii) persons engaged in the manufacture or distribution of oilheat fuel utilization equipment.
"(B)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
"(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
"(ii) imports No. 1 distillate or No. 2 dyed distillate; or
"(iii) transports No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas; and
"(B) sells the distillate to another person that does not produce, import, or transport No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas.
"(16)
"SEC. 704. REFERENDA.
"(a)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(A)
"(B)
"(6)
"(7)
"(b)
"(c)
"(1)
"(2)
"(3)
"(d)
"SEC. 705. MEMBERSHIP.
"(a)
"(1)
"(A)
"(B)
"(2)
"(3)
"(A)
"(B)
"(b)
"(1) interstate and intrastate operators among retail marketers;
"(2) wholesale distributors of No. 1 distillate and No. 2 dyed distillate;
"(3) large and small companies among wholesale distributors and retail marketers; and
"(4) diverse geographic regions of the country.
"(c)
"(1)
"(A) 1 member representing each State participating in the Alliance.
"(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales.
"(C) 5 additional representatives of retail marketers.
"(D) 21 representatives of wholesale distributors.
"(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel, including consumer and low-income advocacy groups.
"(2)
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"SEC. 706. FUNCTIONS.
"(a)
"(1)
"(A) shall develop programs and projects and enter into contracts or other agreements with other persons and entities for implementing this title, including programs—
"(i) to enhance consumer and employee safety and training;
"(ii) to provide for research, development, and demonstration of clean and efficient oilheat fuel utilization equipment; and
"(iii) for consumer education; and
"(B) may provide for the payment of the costs of carrying out subparagraph (A) with assessments collected under section 707.
"(2)
"(3)
"(A)
"(B)
"(i)
"(I) all activities incidental to research, development, and demonstration of clean and efficient oilheat fuel utilization equipment, including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels; and
"(II) the obtaining of patents, including payment of attorney's fees for making and perfecting a patent application.
"(ii)
"(b)
"(1) research, development, and demonstration;
"(2) safety;
"(3) consumer education; and
"(4) training.
"(c)
"(1)
"(A) shall select from among its members a chairperson and other officers as necessary;
"(B) may establish and authorize committees and subcommittees of the Alliance to take specific actions that the Alliance is authorized to take; and
"(C) shall adopt bylaws for the conduct of business and the implementation of this title.
"(2)
"(3)
"(4)
"(d)
"(1)
"(2)
"(A)
"(B)
"(e)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(i)
"(ii)
"(f)
"(1)
"(A) keep records that clearly reflect all of the acts and transactions of the Alliance; and
"(B) make the records available to the public.
"(2)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(g)
"(1)
"(2)
"(3)
"(h)
"(1) includes a description of all programs, projects, and contracts and other agreements undertaken by the Alliance during the previous year and those planned for the current year; and
"(2) details the allocation of Alliance resources for each such program and project.
"SEC. 707. ASSESSMENTS.
"(a)
"(b)
"(1)
"(2)
"(A) shall be responsible for payment of an assessment to the Alliance on a quarterly basis; and
"(B) shall provide to the Alliance certification of the volume of fuel sold.
"(3)
"(4)
"(A)
"(B)
"(5)
"(A) shall be responsible for payment of the assessment to the Alliance at the point at which the product enters the United States; and
"(B) shall provide to the Alliance certification of the volume of fuel imported.
"(6)
"(7)
"(8)
"(c)
"(d)
"(1) in obligations of the United States or any agency of the United States;
"(2) in general obligations of any State or any political subdivision of a State;
"(3) in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
"(4) in obligations fully guaranteed as to principal and interest by the United States.
"(e)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(I)
"(II)
"(aa) specify the amount of funds requested;
"(bb) describe in detail the specific uses for which the requested funds are sought;
"(cc) include a commitment to comply with this title in using the requested funds; and
"(dd) be made publicly available.
"(III)
"(IV)
"(aa) monitor the use of funds provided under this clause; and
"(bb) impose whatever terms, conditions, and reporting requirements that the Alliance considers necessary to ensure compliance with this title.
"(B)
"(f)
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(I) provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment; and
"(II) describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment.
"(iii)
"(I) Congress;
"(II) the Governor of each State, and other appropriate State leaders, in which the Alliance is operating; and
"(III) the Administrator of the Environmental Protection Agency.
"(E)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(C)
"(4)
"(A)
"(i) to make cost-effective upgrades to more fuel efficient heating oil systems or otherwise make cost-effective modifications to an existing heating system to improve the efficiency of the system;
"(ii) to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers; or
"(iii) to improve the safe operation of a heating system.
"(B)
"(C)
"(i)
"(I) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (
"(II) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (
"(III) other energy efficiency programs administered by the State or other parties in the State.
"(ii)
"(I) distributed equitably to States based on the proportional contributions of the States through collected assessments;
"(II) used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; and
"(III) used only to carry out this paragraph.
"(5)
"(A) to conduct consumer education activities relating to oilheat fuel, including providing information to consumers on—
"(i) energy conservation strategies;
"(ii) safety;
"(iii) new technologies that reduce consumption or improve safety and comfort;
"(iv) the use of biofuels blends; and
"(v) Federal, State, and local programs designed to assist oilheat fuel consumers;
"(B) to conduct worker safety and training activities relating to oilheat fuel, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification);
"(C) to carry out other activities recommended by the Secretary; or
"(D) to the maximum extent practicable, a data collection process established, in collaboration with the Secretary or other appropriate Federal agencies, to track equipment, service, and related safety issues and to develop measures to improve safety.
"(6)
"(A)
"(i) administrative costs; or
"(ii) indirect costs incurred in carrying out paragraphs (1) through (5).
"(B)
"(7)
"(A)
"(i)
"(ii)
"(I) advancements made in energy-efficient heating systems and biofuel heating oil blends; and
"(II) heating system upgrades and modifications and energy efficiency programs funded under this section.
"(iii)
"(I)
"(II)
"(B)
"(C)
"SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.
"(a)
"(1) 75 percent of the amount of assessments estimated to be collected under section 707 in that calendar year;
"(2) 75 percent of the amount of assessments actually collected under section 707 in the most recent calendar year for which an audit report has been submitted under section 706(f)(2)(B) as of the beginning of the calendar year for which the amount that may be obligated is being determined, less the estimate made pursuant to paragraph (1) for that most recent calendar year; and
"(3) amounts permitted in preceding calendar years to be obligated pursuant to this subsection that have not been obligated.
"(b)
"(c)
"(1)
"(2)
"(A) deposited in the escrow account; and
"(B) unavailable for obligation for the duration of the covered period.
"(d)
"(e)
"SEC. 709. COMPLIANCE.
"(a)
"(b)
"SEC. 710. LOBBYING RESTRICTIONS.
"(a)
"(b)
"(1)
"(2)
"SEC. 711. DISCLOSURE.
"Any consumer education activity undertaken with funds provided by the Alliance shall include a statement that the activities were supported, in whole or in part, by the Alliance.
"SEC. 712. VIOLATIONS.
"(a)
"(1) a reference to a private brand name;
"(2) a false or unwarranted claim on behalf of oilheat fuel or related products; or
"(3) a reference with respect to the attributes or use of any competing product.
"(b)
"(1)
"(2)
"(3)
"(A) the complaint is withdrawn; or
"(B) a court determines that the conduct of the activity complained of does not constitute a violation of subsection (a).
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) the complaint is withdrawn; or
"(B) the court has determined that the consumer education activity complained of does not constitute a violation of subsection (a).
"(e)
"(1)
"(2)
"(f)
"(g)
"(1) notify Congress of the noncompliance; and
"(2) provide notice of the noncompliance on the Alliance website.
"SEC. 713. SUNSET.
"This title shall cease to be effective as of the date that is 28 years after the date on which the Alliance is established."
Executive Documents
Ex. Ord. No. 11912. Delegation of Authorities
Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 4323 Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105; Ex. Ord. No. 12919, §904(a)(7), June 3, 1994, 59 F.R. 29533, provided:
By virtue of the authority vested in me by the Constitution and the statutes of the United States of America, including the Energy Policy and Conservation Act (
(b) The Administrator of General Services shall also promulgate rules which will ensure that each class of nonpassenger automobiles acquired by all Executive agencies in each fiscal year achieves a fleet average fuel economy that is not less than the average fuel economy standard for uch class, established pursuant to Section 502(b) of the Motor Vehicle Information and Cost Savings Act, as amended (
(c) In performing these functions, the Administrator of General Services shall consult with the Secretary of Transportation and the Secretary of Energy.
(b) The Secretary of Energy shall prepare, with the assistance of the heads of appropriate agencies, for the President's consideration, the annual reports provided by section 381(c) of the Energy Policy and Conservation Act (
(a) Section 251 of the Energy Policy and Conservation Act (
(b) Section 253(c) of the Energy Policy and Conservation Act (
(c) Section 254(a) of the Energy Policy and Conservation Act (
(d) Section 254(b) of the Energy Policy and Conservation Act (
(e) Section 523(a)(2)(A) of the Energy Policy and Conservation Act (
[
(2) The goals established in subsection (b) shall apply to the following categories of Federally-owned buildings: (i) office buildings, (ii) hospitals, (iii) schools, (iv) prison facilities, (v) multi-family dwellings, (vi) storage facilities, and (vii) such other categories of buildings for which the Administrator determines the establishment of energy-efficiency performance goals is feasible.
(b) The Secretary shall establish requirements and procedures, which shall be observed by each agency unless a waiver is granted by the Secretary, designed to ensure that each agency to the maximum extent practicable aims to achieve the following goals:
(1) For the total of all Federally-owned existing buildings the goal shall be a reduction of 20 percent in the average annual energy use per gross square foot of floor area in 1985 from the average energy use per gross square foot of floor area in 1975. This goal shall apply to all buildings for which construction was or design specifications were completed prior to the date of promulgation of the guidelines pursuant to subsection (d) of this Section.
(2) For the total of all Federally-owned new buildings the goal shall be a reduction of 45 percent in the average annual energy requirement per gross square foot of floor area in 1985 from the average annual energy use per gross square foot of floor area in 1975. This goal shall apply to all new buildings for which design specifications are completed after the date of promulgation of the guidelines pursuant to subsection (d) of this Section.
(c) The Secretary with the concurrence of the Director of the Office of Management and Budget, in consultation with the heads of the Executive agencies specified in subsection (a) and the Director of the National Bureau of Standards, shall establish, for purposes of developing the ten-year plan, a practical and effective method for estimating and comparing life cycle capital and operating costs for Federal buildings, including residential, commercial, and industrial type categories. Such method shall be consistent with the Office of Management and Budget Circular No. A–94, and shall be adopted and used by all agencies in developing their plans pursuant to subsection (e), annual reports pursuant to subsection (g), and budget estimates pursuant to subsection (h). For purposes of this paragraph, the term "life cycle cost" means the total costs of owning, operating, and maintaining a building over its economic life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems. [References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of
(d) Not later than November 1, 1977, the Secretary, with the concurrence of the Director of the Office of Management and Budget, and after consultation with the Administrator of General Services and the heads of the Executive agencies specified in subsection (a) shall issue guidelines for the plans to be submitted pursuant to subsection (e).
(e)(1) The head of each Executive agency that maintains any existing building or will maintain any new building shall submit no later than six months after the issuance of guidelines pursuant to subsection (d), to the Secretary a ten-year plan designed to the maximum extent practicable to meet the goals in subsection (b) for the total of existing or new Federal buildings. Such ten-year plans shall only consider improvements that are cost-effective consistent with the criteria established by the Director of the Office of Management and Budget (OMB Circular A–94) and the method established pursuant to subsection (c) of this Section. The plan submitted shall specify appropriate energy-saving initiatives and shall estimate the expected improvements by fiscal year in terms of specific accomplishments—energy savings and cost savings—together with the estimated costs of achieving the savings.
(2) The plans submitted shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with over 30,000 gross square feet of space owned and maintained by Executive agencies. Further, the second annual report submitted under subsection (g)(2) of this Section shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with more than 5,000 but not more than 30,000 gross square feet of space. The purpose of such preliminary energy audits shall be to identify the type, size, energy use level and major energy using systems of existing Federal buildings.
(3) The Secretary shall evaluate agency plans relative to the guidelines established pursuant to subsection (d) for such plans and relative to the cost estimating method established pursuant to subsection (c). Plans determined to be deficient by the Secretary will be returned to the submitting agency head for revision and resubmission within 60 days.
(4) The head of any Executive agency submitting a plan, should he disagree with the Secretary's determination with respect to that plan, may appeal to the Director of the Office of Management and Budget for resolution of the disagreement.
(f) The head of each agency submitting a plan or revised plan determined not deficient by the Secretary or, on appeal, by the Director of the Office of Management and Budget, shall implement the plan in accord with approved budget estimates.
(g)(1) Each Executive agency shall submit to the Secretary an overall plan for conserving fuel and energy in all operations of the agency. This overall plan shall be in addition to and include any ten-year plan for energy conservation in Government buildings submitted in accord with Subsection (e).
(2) By July 1 of each year, each Executive agency shall submit a report to the Secretary on progress made toward achieving the goals established in the overall plan required by paragraph (1) of this subsection. The annual report shall include quantitative measures and accomplishment with respect to energy saving actions taken, the cost of these actions, the energy saved, the costs saved, and other benefits realized.
(3) The Secretary shall prepare a consolidated annual report on Federal government progress toward achieving the goals, including aggregate quantitative measures of accomplishment as well as suggested revisions to the ten-year plan, and submit the report to the President by August 15 of each year.
(h) Each agency required to submit a plan shall submit to the Director of the Office of Management and Budget with the agency's annual budget submission, and in accordance with procedures and requirements that the Director shall establish, estimates for implementation of the agency's plan. The Director of the Office of Management and Budget shall consult with the Secretary about the agency budget estimates.
(i) Each agency shall program its proposed energy conservation improvements of buildings so as to give the highest priority to the most cost-effective projects.
(j) No agency of the Federal government may enter into a lease or a commitment to lease a building the construction of which has not commenced by the effective date of this Order unless the building will likely meet or exceed the general goal set forth in subsection (b)(2).
(k) The provisions of this Section do not apply to housing units repossessed by the Federal Government.
Executive Order No. 12759
Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by Ex. Ord. No. 12902, §701, Mar. 8, 1994, 59 F.R. 11471, which provided for minimization of petroleum use in Federal facilities, vehicle fuel efficiency outreach programs, and Federal vehicle fuel efficiency, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
Executive Order No. 12902
Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed executive agencies to implement programs to reduce energy consumption, increase energy efficiency, and conserve water, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
§6202. Definitions
As used in this chapter:
(1) The term "Secretary" means the Secretary of Energy.
(2) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof.
(3) The term "petroleum product" means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).
(4) The term "State" means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States.
(5) The term "United States" when used in the geographical sense means all of the States and the Outer Continental Shelf.
(6) The term "Outer Continental Shelf" has the same meaning as such term has under
(7) The term "international energy program" means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled "Emergency Reserves", (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.
(8) The term "severe energy supply interruption" means a national energy supply shortage which the President determines—
(A) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(B) may cause major adverse impact on national safety or the national economy; and
(C) results, or is likely to result, from (i) an interruption in the supply of imported petroleum products, (ii) an interruption in the supply of domestic petroleum products, or (iii) sabotage, an act of terrorism, or an act of God.
(9) The term "antitrust laws" includes—
(A) the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (
(B) the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (
(C) the Federal Trade Commission Act (
(D) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purpose", approved August 27, 1894 (
(E) the Act of June 19, 1936,
(10) The term "Federal land" means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands—
(A) held in trust for Indians or Alaska Natives,
(B) owned by Indians or Alaska Natives with Federal restrictions on the title,
(C) within any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or
(D) within military reservations.
(
Editorial Notes
References in Text
This chapter, referred to in introductory clause, was in the original "this Act", meaning
Act approved July 2, 1890, referred to in par. (9)(A), is act July 2, 1890, ch. 647,
Act approved October 15, 1914, referred to in par. (9)(B), is act Oct. 15, 1914, ch. 323,
The Federal Trade Commission Act, referred to in par. (9)(C), is act Sept. 26, 1914, ch. 311,
Act of June 19, 1936,
Amendments
2015—Par. (8)(C)(iii).
1990—Par. (8)(C).
1984—Par. (4).
1978—Par. (1).
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY
Part A—Domestic Supply
§6211. Repealed. Pub. L. 106–469, title I, §103(1), Nov. 9, 2000, 114 Stat. 2029
Section,
§6212. Repealed. Pub. L. 114–113, div. O, title I, §101(a), Dec. 18, 2015, 129 Stat. 2987
Section,
§6212a. Oil exports, safety valve, and maritime security
(a) Omitted
(b) National policy on oil export restriction
Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.
(c) Savings clause
Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (
(d) Exceptions and presidential authority
(1) In general
The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if—
(A) the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register;
(B) the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or
(C) the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that—
(i) the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and
(ii) those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States.
(2) Renewal
Any requirement or restriction imposed pursuant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each.
(
Editorial Notes
References in Text
The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of
The National Emergencies Act, referred to in subsec. (c), is
The Energy Policy and Conservation Act, referred to in subsec. (c), is
The Trading With the Enemy Act, referred to in subsec. (c), is act Oct. 6, 1917, ch. 106,
This Act, referred to in subsec. (d)(1)(C)(i), is div. O of
Codification
Section was enacted as part of the Consolidated Appropriations Act, 2016, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Section is comprised of section 101 of div. O of
1 See References in Text note below.
§6213. Certain lease bidding arrangements prohibited
(a) Promulgation of rule by Secretary of the Interior
The Secretary of the Interior shall, not later than 30 days after December 22, 1975, prescribe and make effective a rule which prohibits the bidding for any right to develop crude oil, natural gas, and natural gas liquids on any lands located on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and significant ownership interests.
(b) Definitions
As used in this section:
(1) The term "major oil company" means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or significant ownership interest, produced during a prior 6–month period specified by the Secretary, an average daily volume of 1,600,000 barrels of crude oil, natural gas liquids equivalents, and natural gas equivalents.
(2) One barrel of natural gas equivalent equals 5,626 cubic feet of natural gas measured at 14.73 pounds per square inch (MSL) and 60 degrees Fahrenheit.
(3) One barrel of natural gas liquids equivalent equals 1.454 barrels of natural gas liquids at 60 degrees Fahrenheit.
(c) Exemptions
The Secretary may, in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section. In considering any such request, the Secretary may exempt bidding for leases for lands in any area only if the Secretary finds, on the record after opportunity for an agency hearing, that—
(1) such lands have extremely high cost exploration or development problems; and
(2) exploration and development will not occur on such lands unless such exemption is granted.
Findings of the Secretary under this subsection shall be final, and shall not be invalidated unless found to be arbitrary or capricious.
(d) Unitization of producing fields
This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both.
(e) Report to Congress covering extension of restrictions on joint bidding
The Secretary shall study and report to the Congress, not later than 6 months after December 22, 1975, with respect to the feasibility and desirability of extending the prohibition on joint bidding to—
(1) bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and
(2) bidding for any right to develop coal and oil shale on such lands.
(
Editorial Notes
Amendments
1978—Subsec. (c).
Statutory Notes and Related Subsidiaries
Transfer of Functions
Functions of Secretary of the Interior to promulgate regulations under this chapter relating to fostering of competition for Federal leases and to implementation of alternative bidding systems authorized for award of Federal leases transferred to Secretary of Energy by
§6214. Repealed. Pub. L. 106–469, title I, §103(3), Nov. 9, 2000, 114 Stat. 2029
Section,
§6215. Major fuel burning stationary source
(a) Restrictions on issuance of orders or rules by Governor pursuant to section 7425 of this title
No Governor of a State may issue any order or rule pursuant to
(1) prohibiting such source from using fuels other than locally or regionally available coal or coal derivatives, or
(2) requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives.
(b) Petition to President
(1) The Governor of any State may petition the President to exercise the President's authorities pursuant to
(2) Any petition under paragraph (1) shall include documentation which could support a finding that significant local or regional economic disruption or unemployment would result from use by such source of—
(A) coal or coal derivatives other than locally or regionally available coal,
(B) petroleum products,
(C) natural gas, or
(D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pursuant to
(c) Action to be taken by President
Within 90 days after the submission of a Governor's petition under subsection (b), the President shall either issue an order or rule pursuant to
(1) be consistent with
(2) result in no significant increase in the consumption of energy;
(3) not subject the ultimate consumer to significantly higher energy costs; and
(4) not violate any contractual relationship between such source and any supplier or transporter of fuel to such source.
(d) Effect on authority of President to allocate coal or coal derivatives
Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law.
(e) Definitions
The terms "major fuel burning stationary source (or class or category thereof)" and "locally or regionally available coal or coal derivatives" shall have the meanings assigned to them for the purposes of
(
Editorial Notes
Amendments
2000—
§6216. Annual Home Heating Readiness Reports
(a) In general
On or before September 1 of each year, the Secretary, acting through the Administrator of the Energy Information Agency, shall submit to Congress a Home Heating Readiness Report on the readiness of the natural gas, heating oil and propane industries to supply fuel under various weather conditions, including rapid decreases in temperature.
(b) Contents
The Home Heating Readiness Report shall include—
(1) estimates of the consumption, expenditures, and average price per gallon of heating oil and propane and thousand cubic feet of natural gas for the upcoming period of October through March for various weather conditions, with special attention to extreme weather, and various regions of the country;
(2) an evaluation of—
(A) global and regional crude oil and refined product supplies;
(B) the adequacy and utilization of refinery capacity;
(C) the adequacy, utilization, and distribution of regional refined product storage capacity;
(D) weather conditions;
(E) the refined product transportation system;
(F) market inefficiencies; and
(G) any other factor affecting the functional capability of the heating oil industry and propane industry that has the potential to affect national or regional supplies and prices;
(3) recommendations on steps that the Federal, State, and local governments can take to prevent or alleviate the impact of sharp and sustained increases in the price of natural gas, heating oil, and propane; and
(4) recommendations on steps that companies engaged in the production, refining, storage, transportation of heating oil or propane, or any other activity related to the heating oil industry or propane industry, can take to prevent or alleviate the impact of sharp and sustained increases in the price of heating oil and propane.
(c) Information requests
The Secretary may request information necessary to prepare the Home Heating Readiness Report from companies described in subsection (b)(4).
(
§6217. Scientific inventory of oil and gas reserves
(a) In general
The Secretary of the Interior, in consultation with the Secretaries of Agriculture and Energy, shall conduct an inventory of all onshore Federal lands. The inventory shall identify—
(1) the United States Geological Survey estimates of the oil and gas resources underlying these lands;
(2) the extent and nature of any restrictions or impediments to the development of the resources, including—
(A) impediments to the timely granting of leases;
(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and
(C) permits or restrictions associated with transporting the resources for entry into commerce; and
(3) the quantity of resources not produced or introduced into commerce because of the restrictions.
(b) Regular update
Once completed, the USGS resource estimates and the surface availability data as provided in subsection (a)(2) shall be regularly updated and made publicly available.
(c) Inventory
The inventory shall be provided to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate within 2 years after November 9, 2000.
(d) Assessments
Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Act of 2000, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments
2005—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Part B—Strategic Petroleum Reserve
§6231. Congressional finding and declaration of policy
(a) The Congress finds that the storage of substantial quantities of petroleum products will diminish the vulnerability of the United States to the effects of a severe energy supply interruption, and provide limited protection from the short-term consequences of interruptions in supplies of petroleum products.
(b) It is the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products to reduce the impact of disruptions in supplies of petroleum products, to carry out obligations of the United States under the international energy program, and for other purposes as provided for in this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2000—Subsec. (b).
Statutory Notes and Related Subsidiaries
Study of a Strategic Ethanol Reserve
"(a) The Secretary of Agriculture shall conduct a study of the cost effectiveness, the economic benefits, and the feasibility of establishing, maintaining, and utilizing a Strategic Ethanol Reserve relative to the existing Strategic Petroleum Reserve.
"(b) The study shall be completed within one year after the enactment of this section [Dec. 23, 1985] and shall include, among other considerations—
"(1) the benefits and losses related to the U.S. economy, farm income, employment, government commodity programs, and the trade deficit of utilizing a Strategic Ethanol Reserve, as opposed to the Strategic Petroleum Reserve; and
"(2) the savings from storing ethanol as opposed to storing the amount of CCC-held grain necessary to produce the ethanol.
"(c) If the study shows that the Strategic Ethanol Reserve is cost effective, beneficial to the U.S. economy, and feasible in comparison with the Strategic Petroleum Reserve, the Secretary of Agriculture may establish, maintain, and utilize a Strategic Ethanol Reserve."
Additional Congressional Findings
"(1) the Strategic Petroleum Reserve should be considered a national security asset; and
"(2) enlarging the capacity and filling of the Strategic Petroleum Reserve should be accelerated (to the extent technically and economically practicable) to take advantage of any increased availability of crude oil in the world market from time to time."
§6232. Definitions
As used in this part and part C:
(1) Repealed.
(2) The term "importer" means any person who owns, at the first place of storage, any petroleum product imported into the United States.
(3) Repealed.
(4) The term "interest in land" means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.
(5) The term "readily available inventories" means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks.
(6) The term "refiner" means any person who owns, operates, or controls the operation of any refinery.
(7) Repealed.
(8) The term "related facility" means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines.
(9) The term "Reserve" means the Strategic Petroleum Reserve.
(10) The term "storage facility" means any facility or geological formation which is capable of storing significant quantities of petroleum products.
(11) The term "Strategic Petroleum Reserve" means petroleum products stored in storage facilities pursuant to this part.
(
Editorial Notes
Amendments
2000—Par. (1).
Par. (3).
Par. (7).
Par. (11).
1990—
§6233. Repealed. Pub. L. 106–469, title I, §103(6), Nov. 9, 2000, 114 Stat. 2030
Section,
§6234. Strategic Petroleum Reserve
(a) Establishment
A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part.
(b) Authority of Secretary
The Secretary, in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.
(c) to (e) Repealed. Pub. L. 106–469, title I, §103(7)(C), Nov. 9, 2000, 114 Stat. 2030
(f) Purpose of drawdown and distribution; requests for funds for storage
(1) The drawdown and distribution of petroleum products from the Strategic Petroleum Reserve is authorized only under
(2) In the Secretary's annual budget submission, the Secretary shall request funds for acquisition, transportation, and injection of petroleum products for storage in the Reserve. If no requests for funds are made, the Secretary shall provide a written explanation of the reason therefore.
(
Editorial Notes
Amendments
2000—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1998—Subsec. (f).
1992—Subsec. (a).
1978—Subsecs. (b), (d).
Statutory Notes and Related Subsidiaries
Strategic Petroleum Reserve Drawdown Plan
§§6235 to 6238. Repealed. Pub. L. 106–469, title I, §103(8)–(11), Nov. 9, 2000, 114 Stat. 2030
Section 6235,
Section 6236,
Section 6237,
Section 6238,
§6239. Development, operation, and maintenance of the Reserve
(a) to (e) Repealed. Pub. L. 106–469, title I, §103(13)(A), Nov. 9, 2000, 114 Stat. 2030
(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve
In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
(g) Acquisition of property by negotiation as prerequisite to condemnation
Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgement of the Secretary be futile or so time-consuming as to unreasonably delay the development of the Strategic Petroleum Reserve, because of (1) reasonable doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons.
(h), (i) Repealed. Pub. L. 106–469, title I, §103(13)(D), Nov. 9, 2000, 114 Stat. 2031
(j) Expansion beyond 700,000,000 barrels
If the Secretary determines expansion beyond 700,000,000 barrels of petroleum product inventory is appropriate, the Secretary shall submit a plan for expansion to the Congress.
(k) Exemption from subtitle IV of title 49
A storage or related facility of the Strategic Petroleum Reserve owned by or leased to the United States is not subject to the Interstate Commerce Act.
(l) Rulemaking during drawdown and sale
During a drawdown and sale of Strategic Petroleum Reserve petroleum products, the Secretary may issue implementing rules, regulations, or orders in accordance with
(
Editorial Notes
References in Text
The Interstate Commerce Act, referred to in subsec. (k), is act Feb. 4, 1887, ch. 104,
Amendments
2000—
Subsecs. (a) to (e).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
Subsec. (j).
Subsec. (l).
1990—Subsecs. (i), (j).
Subsec. (k).
Subsec. (l).
1985—Subsec. (e).
1982—Subsec. (f)(5).
Subsec. (h).
1978—Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g).
Statutory Notes and Related Subsidiaries
Energy Security and Infrastructure Modernization Fund
"(a)
"(1) collections deposited in the Fund under subsection (c); and
"(2) amounts otherwise appropriated to the Fund.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A)
"(i) The Strategic Petroleum Reserve is one of the Nation's most valuable energy security assets.
"(ii) The age and condition of the Strategic Petroleum Reserve have diminished its value as a Federal energy security asset.
"(iii) Global oil markets and the location and amount of United States oil production and refining capacity have dramatically changed in the 40 years since the establishment of the Strategic Petroleum Reserve.
"(iv) Maximizing the energy security value of the Strategic Petroleum Reserve requires a modernized infrastructure that meets the drawdown and distribution needs of changed domestic and international oil and refining market conditions.
"(B)
"(i) operational improvements to extend the useful life of surface and subsurface infrastructure;
"(ii) maintenance of cavern storage integrity; and
"(iii) addition of infrastructure and facilities to optimize the drawdown and incremental distribution capacity of the Strategic Petroleum Reserve.
"(e)
"(f)
"(1) an itemization of the amounts of funds necessary to carry out subsection (d); and
"(2) a designation of any activities thereunder for which a multiyear budget authority would be appropriate.
"(g)
§6240. Petroleum products for storage, transport, or exchange
(a) Eligibility of petroleum products
The Secretary may acquire, place in storage, transport, or exchange petroleum products acquired by purchase or exchange.
(b) Objectives in determining manner of acquisition
The Secretary shall, to the greatest extent practicable, acquire petroleum products for the Reserve in a manner consonant with the following objectives:
(1) minimization of the cost of the Reserve;
(2) Repealed.
(3) minimization of the Nation's vulnerability to a severe energy supply interruption;
(4) minimization of the impact of such acquisition upon supply levels and market forces; and
(5) encouragement of competition in the petroleum industry.
(c) Procedures
The Secretary shall develop, with public notice and opportunity for comment, procedures consistent with the objectives of this section to acquire petroleum for the Reserve. Such procedures shall take into account the need to—
(1) maximize overall domestic supply of crude oil (including quantities stored in private sector inventories);
(2) avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers;
(3) minimize the costs to the Department of the Interior and the Department of Energy in acquiring such petroleum products (including foregone revenues to the Treasury when petroleum products for the Reserve are obtained through the royalty-in-kind program);
(4) protect national security;
(5) avoid adversely affecting current and futures prices, supplies, and inventories of oil; and
(6) address other factors that the Secretary determines to be appropriate.
(d), (e) Repealed. Pub. L. 106–469, title I, §103(14)(D), Nov. 9, 2000, 114 Stat. 2031
(f) Predrawdown diversion
If the Secretary finds that a severe energy supply interruption may be imminent, the Secretary may suspend the acquisition of petroleum product for, and the injection of petroleum product into, the Reserve and may sell any petroleum product acquired for and in transit to, but not injected into, the Reserve.
(g) Repealed. Pub. L. 106–469, title I, §103(14)(D), Nov. 9, 2000, 114 Stat. 2031
(h) Purchase from stripper well properties
(1) If the President finds that declines in the production of oil from domestic resources pose a threat to national energy security, the President may direct the Secretary to acquire oil from domestic production of stripper well properties for storage in the Strategic Petroleum Reserve. Except as provided in paragraph (2), the Secretary may set such terms and conditions as he deems necessary for such acquisition.
(2) Crude oil purchased by the Secretary pursuant to this subsection shall be by competitive bid. The price paid by the Secretary—
(A) shall take into account the cost of production including costs of reservoir and well maintenance; and
(B) shall not exceed the price that would have been paid if the Secretary had acquired petroleum products of a similar quality on the open market under competitive bid procedures without regard to the source of the petroleum products.
(
Editorial Notes
Amendments
2013—Subsec. (a).
"(1) crude oil produced from Federal lands
"(2) crude oil which the United States is entitled to receive in kind as royalties from production on Federal lands; and
"(3) petroleum products acquired by purchase, exchange, or otherwise."
2005—Subsec. (c).
2000—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Subsec. (b)(2).
Subsecs. (c) to (e).
Subsec. (g).
1995—Subsec. (g)(7).
1992—Subsec. (d)(2).
Subsec. (h).
1990—Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(4).
Subsec. (f).
Subsec. (g).
1986—Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C).
1985—Subsec. (d)(1)(C).
Subsec. (d)(3).
Subsec. (e)(1)(B).
Subsec. (e)(2).
Subsec. (e)(3), (4).
1982—Subsec. (c).
Subsec. (e)(4).
1981—Subsec. (c).
1980—Subsec. (c).
Subsec. (d).
Subsec. (e).
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Filling Strategic Petroleum Reserve to Capacity
Procedures for Acquisition of Petroleum for Reserve
"(B)
"(C)
"(i) propose the procedures required under the amendment made by subparagraph (A) [amending this section] not later than 120 days after the date of enactment of this Act [Aug. 8, 2005];
"(ii) promulgate the procedures not later than 180 days after the date of enactment of this Act; and
"(iii) comply with the procedures in acquiring petroleum for the Reserve effective beginning on the date that is 180 days after the date of enactment of this Act."
Suspension of Test Program Requirements During Fiscal Year 1994
Study and Report on Oil Leasing and Other Arrangements To Fill SPR to One Billion Barrels
Exchange of Agricultural Products for Crude Oil To Be Delivered to Strategic Petroleum Reserve
Allocation to Strategic Petroleum Reserve of Lower Tier Crude Oil and Federal Royalty Oil; Procedures Applicable, Authorities, Etc.
"(a)(1) In order to carry out the requirement of the amendment made by section 801 of this Act [amending this section and enacting provision set out as a note above] and to carry out the policies and objectives established in sections 151 and 160(b)(1) of the Energy Policy and Conservation Act (
"(2) The authority provided by this subsection shall be in addition to, and shall not be deemed to limit, any other authority available to the President under the Emergency Petroleum Allocation Act of 1973 [
"(3) The President or his delegate may promulgate and make effective rules or orders to implement this subsection without regard to the requirements of section 501 of the Department of Energy Organization Act [
"(b) In addition to the requirement under subsection (a), the President may direct that—
"(1) all or any portion of Federal royalty oil be placed in storage in the Reserve,
"(2) all or any portion of Federal royalty oil be exchanged, directly or indirectly, for other crude oil for storage in the Reserve, or
"(3) all or any portion of the proceeds from the sales of Federal royalty oil be transferred to the account established under subsection (c) for use for the purchase of crude oil for the Reserve, as provided in subsection (c).
"(c)(1) Any proceeds—
"(A) from the sale of entitlements received by the Government under the amendment to the regulation made under subsection (a), and
"(B) to the extent provided in subsection (b), from the sale of Federal royalty oil,
shall be deposited in a special account which the Secretary of the Treasury shall establish on the books of the Treasury of the United States.
"(2)(A) Subject to the provisions of any Act enacted pursuant to section 660 of the Department of Energy Organization Act [
"(B) Amounts in such account attributable to the proceeds from the sale of entitlements under the amendment to the regulation under subsection (a) are hereby appropriated for fiscal year 1981 for acquisition of crude oil for the Strategic Petroleum Reserve pursuant to subsection (a).
"(d) For purposes of this section—
"(1) the terms 'entitlements', 'crude oil', and 'allocation' shall have the same meaning as those terms have as used in the Emergency Petroleum Allocation Act of 1973 [
"(2) the term 'lower tier crude oil' means crude oil which is subject to the price ceiling established under section 212.73 of title 10, Code of Federal Regulations;
"(3) the term 'Federal royalty oil' means crude oil which the United States is entitled to receive in kind as royalties from production on Federal land (as such term is defined in section 3(10) of the Energy Policy and Conservation Act (
"(4) the term 'proceeds from the sale of Federal royalty oil' means that portion of the amounts deposited into the Treasury of the United States from the sale of Federal royalty oil which is not otherwise required to be disposed of (other than as miscellaneous receipts) pursuant to (A) the provisions of section 35 of the Act of February 25, 1920, as amended (
Rate of Fill of Strategic Petroleum Reserve
Executive Documents
Ex. Ord. No. 12231. Strategic Petroleum Reserve
Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, provided:
By the authority vested in me as President of the United States of America by Title VIII of the Energy Security Act (
1–101. The functions vested in the President by Section 160(c) of the Energy Policy and Conservation Act, as amended, are delegated to the Secretary of Energy (
1–102. The functions vested in the President by
1–103. The functions vested in the President by Section 805(a) of the Energy Security Act [section 805(a) of
Jimmy Carter.
§6241. Drawdown and sale of petroleum products
(a) Power of Secretary
The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section.
(b), (c) Repealed. Pub. L. 106–469, title I, §103(15)(C), Nov. 9, 2000, 114 Stat. 2031
(d) Presidential finding prerequisite to drawdown and sale
(1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program.
(2) For purposes of this section, in addition to the circumstances set forth in
(A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration;
(B) a severe increase in the price of petroleum products has resulted from such emergency situation; and
(C) such price increase is likely to cause a major adverse impact on the national economy.
(e) Sales procedures
(1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products.
(2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section.
(f) Repealed. Pub. L. 106–469, title I, §103(15)(C), Nov. 9, 2000, 114 Stat. 2031
(g) Directive to carry out test drawdown and sale
(1) The Secretary shall conduct a continuing evaluation of the drawdown and sales procedures. In the conduct of an evaluation, the Secretary is authorized to carry out a test drawdown and sale or exchange of petroleum products from the Reserve. Such a test drawdown and sale or exchange may not exceed 5,000,000 barrels of petroleum products.
(2) Repealed.
(3) At least part of the crude oil that is sold or exchanged under this subsection shall be sold or exchanged to or with entities that are not part of the Federal Government.
(4) The Secretary may not sell any crude oil under this subsection at a price less than that which the Secretary determines appropriate and, in no event, at a price less than 95 percent of the sales price, as estimated by the Secretary, of comparable crude oil being sold in the same area at the time the Secretary is offering crude oil for sale in such area under this subsection.
(5) The Secretary may cancel any offer to sell or exchange crude oil as part of any test under this subsection if the Secretary determines that there are insufficient acceptable offers to obtain such crude oil.
(6) In the case of a sale of any petroleum products under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire petroleum products for the Reserve within the 12-month period beginning after completion of the sale.
(7) Rules, regulations, or orders issued in order to carry out this subsection which have the applicability and effect of a rule as defined in
(8)
(A)
(B)
(C)
(i)
(ii)
(h) Prevention or reduction of adverse impact of severe domestic energy supply interruptions
(1) If the President finds that—
(A) a circumstance, other than those described in subsection (d), exists that constitutes, or is likely to become, a domestic or international energy supply shortage of significant scope or duration;
(B) action taken under this subsection would assist directly and significantly in preventing or reducing the adverse impact of such shortage;
(C) the Secretary has found that action taken under this subsection will not impair the ability of the United States to carry out obligations of the United States under the international energy program; and
(D) the Secretary of Defense has found that action taken under this subsection will not impair national security,
then the Secretary may, subject to the limitations of paragraph (2), draw down and sell petroleum products from the Strategic Petroleum Reserve.
(2) Petroleum products from the Reserve may not be drawn down under this subsection—
(A) in excess of an aggregate of 30,000,000 barrels with respect to each such shortage;
(B) for more than 60 days with respect to each such shortage;
(C) if there are fewer than 252,400,000 barrels of petroleum product stored in the Reserve; or
(D) below the level of an aggregate of 252,400,000 barrels of petroleum product stored in the Reserve.
(3) During any period in which there is a drawdown and sale of the Reserve in effect under this subsection, the Secretary shall transmit a monthly report to the Congress containing an account of the drawdown and sale of petroleum products under this subsection and an assessment of its effect.
(4) In no case may the drawdown under this subsection be extended beyond 60 days with respect to any domestic energy supply shortage.
(i) Exchange of withdrawn products
Notwithstanding any other law, the President may permit any petroleum products withdrawn from the Strategic Petroleum Reserve in accordance with this section to be sold and delivered for refining or exchange outside of the United States, in connection with an arrangement for the delivery of refined petroleum products to the United States.
(j) Purchases from Strategic Petroleum Reserve by entities in insular areas of United States and Freely Associated States
(1) Definitions
In this subsection:
(A) Binding offer
The term "binding offer" means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to paragraph (2) of this subsection, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer.
(B) Category of petroleum product
The term "category of petroleum product" means a master line item within a notice of sale.
(C) Eligible entity
The term "eligible entity" means an entity that owns or controls a refinery that is located within the State of Hawaii.
(D) Full tanker load
The term "full tanker load" means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii.
(E) Insular area
The term "insular area" means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Freely Associated States of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(F) Offering
The term "offering" means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale.
(G) Notice of sale
The term "notice of sale" means the document that announces—
(i) the sale of Strategic Petroleum Reserve products;
(ii) the quantity, characteristics, and location of the petroleum product being sold;
(iii) the delivery period for the sale; and
(iv) the procedures for submitting offers.
(2) In general
In the case of an offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve—
(A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may—
(i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of the petroleum product within the category that is the subject of the offering; and
(ii) submit one or more alternative offers, for other categories of the petroleum product, that will be binding if no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and
(B) at the request of the Governor of the State of Hawaii, a petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting.
(3) Limitation on quantity
(A) In general
In administering this subsection, in the case of each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product.
(B) Portion of quantity of previous imports
The Secretary may limit the quantity of a petroleum product that the State of Hawaii may purchase through a binding offer at any offering to 1/12 of the total quantity of imports of the petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative).
(C) Percentage of offering
The Secretary may limit the quantity that may be purchased through binding offers at any offering to 3 percent of the offering.
(4) Adjustments
(A) In general
Notwithstanding any limitation imposed under paragraph (3), in administering this subsection, in the case of each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (7), adjust the quantity to be sold to the State of Hawaii in accordance with this paragraph.
(B) Upward adjustment
The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is—
(i) less than 1 full tanker load; or
(ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load.
(C) Downward adjustment
The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load.
(5) Delivery to other locations
The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, if a petroleum product of similar value or quantity is delivered to the State of Hawaii.
(6) Standard sales provisions
Except as otherwise provided in this chapter, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum products at competitive sales.
(7) Eligible entities
(A) In general
Subject to subparagraphs (B) and (C) and notwithstanding any other provision of this paragraph, if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to carry out this chapter, the eligible entity may act on behalf of the State of Hawaii to carry out this subsection.
(B) Limitation
The Governor of the State of Hawaii shall not certify more than one eligible entity under this paragraph for each notice of sale.
(C) Barred company
If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify the company under this paragraph.
(8) Supplies of petroleum products
At the request of the Governor of an insular area, the Secretary shall, for a period not to exceed 180 days following a drawdown of the Strategic Petroleum Reserve, assist the insular area or the President of a Freely Associated State in its efforts to maintain adequate supplies of petroleum products from traditional and nontraditional suppliers.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (j)(6), (7)(A), was in the original "this Act", meaning
Amendments
2021—Subsec. (h)(2)(C), (D).
2018—Subsec. (h)(1)(C), (D).
Subsec. (h)(2)(C), (D).
2016—Subsec. (h)(2)(C), (D).
2015—Subsec. (g)(8).
2000—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(4).
Subsec. (g)(5).
Subsec. (g)(6).
"(6)(A) The minimum required fill rate in effect for any fiscal year shall be reduced by the amount of any crude oil drawdown from the Reserve under this subsection during such fiscal year.
"(B) In the case of a sale of any crude oil under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire crude oil for the Reserve within the 12-month period beginning after the completion of the sale. Such acquisition shall be in addition to any acquisition of crude oil for the Reserve required as part of a fill rate established by any other provision of law."
Subsec. (g)(8).
Subsec. (h)(1).
Subsec. (h)(1)(C).
Subsec. (h)(2).
Subsec. (h)(3).
1998—Subsec. (j).
1992—Subsec. (d).
Subsec. (h)(1)(A).
1990—Subsec. (g)(1).
Subsec. (h).
Subsec. (i).
1985—Subsec. (b).
Subsec. (g).
1978—Subsecs. (a), (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
"(1) the date that is 180 days after the date of enactment of this Act [Nov. 13, 1998]; or
"(2) the date that final regulations are issued under subsection (b) [set out as a note below]."
Regulations
"(1)
"(2)
"(A) section 523 of the Energy Policy and Conservation Act (
"(B) section 501 of the Department of Energy Organization Act (
Strategic Petroleum Reserve Drawdown and Sale
Provisions related to drawdown and sale from the Strategic Petroleum Reserve were contained in the following acts:
§6242. Coordination with import quota system
No quantitative restriction on the importation of any petroleum product into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve.
(
§6243. Records and accounts
(a) Preparation and maintenance
The Secretary may require any person to prepare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part.
(b) Audit of operations of storage facility
The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part.
(c) Access to and inspection of records or accounts and storage facilities
The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.
(
Editorial Notes
Amendments
1978—
§6244. Repealed. Pub. L. 106–469, title I, §103(16), Nov. 9, 2000, 114 Stat. 2032
Section,
§6245. Annual report
The Secretary shall report annually to the President and the Congress on actions taken to implement this part. This report shall include—
(1) the status of the physical capacity of the Reserve and the type and quantity of petroleum products in the Reserve;
(2) an estimate of the schedule and cost to complete planned equipment upgrade or capital investment in the Reserve, including upgrades and investments carried out as part of operational maintenance or extension of life activities;
(3) an identification of any life-limiting conditions or operational problems at any Reserve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing those remedial actions;
(4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limitations on those rates and capabilities;
(5) a listing of petroleum product acquisitions made in the preceding year and planned in the following year, including quantity, price, and type of petroleum;
(6) a summary of the actions taken to develop, operate, and maintain the Reserve;
(7) a summary of the financial status and financial transactions of the Strategic Petroleum Reserve and Strategic Petroleum Reserve Petroleum Accounts for the year;
(8) a summary of expenses for the year, and the number of Federal and contractor employees;
(9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part;
(10) a summary of foreign oil storage agreements and their implementation status;
(11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appropriate to implement this part.
(
Editorial Notes
Amendments
2000—
1995—
1986—Subsec. (a)(1).
1981—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by
Reports to Congress on Petroleum Supply Interruptions
"(a)
"(A) examine the equity and efficiency of such reliance,
"(B) distinguish between the impacts of such reliance on various categories of business (including small business and agriculture) and on households of different income levels,
"(C) specify the nature and administration of monetary and fiscal policies that would be followed including emergency tax cuts, emergency block grants, and emergency supplements to income maintenance programs, and
"(D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affecting the distribution of petroleum products.
Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heating oil, and diesel fuel, and on Federal tax revenues, Federal royalty receipts, and State and local tax revenues.
"(2) Within one year after the date of the enactment of this Act [Aug. 3, 1982], the Secretary of Energy shall submit a report to the Congress and the President containing the analysis required by this subsection, including a detailed step-by-step description of the procedures by which the policies specified in paragraph (1)(C) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate.
"(b)
"(1) a description of the foreseeable situations (including selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international energy program necessitating distributions from the Strategic Petroleum Reserve, and
"(2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justification underlying each such strategy.
The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and distribution of petroleum products from the Reserve in any such distribution, and an explanation of the disposition of revenues arising from sales of any such petroleum products under the strategy.
"(c)
"(1) an assessment of the ability to transport petroleum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act;
"(2) the comparative costs of creating and operating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and
"(3) a list of potential sites for Regional Petroleum Reserves.
"(d)
"(e)
§6246. Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this part and part D, to remain available until expended.
(
Editorial Notes
Prior Provisions
A prior section 6246,
§6247. SPR Petroleum Account
(a) Establishment
The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the "SPR Petroleum Account" (hereinafter in this section referred to as the "Account").
(b) Obligation of funds for acquisition, transportation, and injection of petroleum products into SPR
Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, for test sales of petroleum products from the Reserve, and for the drawdown, sale, and delivery of petroleum products from the Reserve—
(1) Repealed.
(2) in the case of any fiscal year, subject to
(3) in the case of any fiscal year, notwithstanding
Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation.
(c) Provision and deposit of funds
The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Secretary of Energy under subsection (b).
(d) Off-budgeting procedures
The Account, the deposits and withdrawals from the Account, and the transactions, receipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under
(1) shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States; and
(2) shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of
(
Editorial Notes
References in Text
Amendments
2000—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (e).
"(1) Except as provided in paragraph (2), nothing in this part shall be construed to limit the Account from being used to meet expenses relating to interim storage facilities for the storage of petroleum products for the Strategic Petroleum Reserve.
"(2) In any fiscal year, amounts in the Account may not be obligated for expenses relating to interim storage facilities in excess of 10 percent of the total amounts in the Account obligated in such fiscal year. If the amount obligated in any fiscal year for interim storage expenses is less than the amount of the 10-percent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applicable in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obligated for such expenses."
1992—Subsec. (d).
1990—Subsec. (b)(3).
Subsec. (d).
1985—Subsec. (b)(3).
Subsec. (d).
1982—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 13, 1981, see section 1038 of
Transfer of Funds to SPR Petroleum Account for Drawdown and Sale Operations
Acquisition, Transportation, and Injection of Petroleum Products for SPR; Applicability of Subsec. (d)
§6247a. Use of underutilized facilities
(a) Authority
Notwithstanding any other provision of this subchapter, the Secretary, by lease or otherwise, for any term and under such other conditions as the Secretary considers necessary or appropriate, may store in underutilized Strategic Petroleum Reserve facilities petroleum product 1 owned by a foreign government or its representative. Petroleum products stored under this section are not part of the Strategic Petroleum Reserve and may be exported without license from the United States.
(b) Protection of facilities
All agreements entered into pursuant to subsection (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of petroleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States on behalf of the foreign government or its representative.
(c) Access to stored oil
The Secretary shall ensure that agreements to store petroleum products for foreign governments or their representatives do not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an International Energy Program.
(d) Availability of funds
Funds collected through the leasing of Strategic Petroleum Reserve facilities authorized by subsection (a) after September 30, 2007, shall be used by the Secretary of Energy without further appropriation for the purchase of petroleum products for the Strategic Petroleum Reserve.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title I of
1 So in original. Probably should be "products".
§6247b. Purchase of oil from marginal wells
(a) In general
From amounts authorized under
(b) Definition of marginal well
The term "marginal well" has the same meaning as the definition of "stripper well property" in
(
Part C—Authority To Contract for Petroleum Product Not Owned by United States
Editorial Notes
Prior Provisions
A prior part C, consisting of
§6249. Contracting for petroleum product and facilities
(a) In general
Subject to the other provisions of this part, the Secretary may contract—
(1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and
(2) for storage, in storage facilities other than those of the Reserve, of petroleum product either owned or not owned by the United States.
(b) Conditions
(1) Petroleum product stored pursuant to such a contract shall, until the expiration, termination, or other conclusion of the contract, be a part of the Reserve and subject to the Secretary's authority under part B.
(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) only if—
(A) the Secretary determines (i) that entering into one or more contracts under such subsection would achieve benefits comparable to the acquisition of an equivalent amount of petroleum product, or an equivalent volume of storage capacity, for the Reserve under part B, and (ii) that, because of budgetary constraints, the acquisition of an equivalent amount of petroleum product or volume of storage space for the Reserve cannot be accomplished under part B; and
(B) the Secretary notifies each House of the Congress of the determination and identifies in the notification the location, type, and ownership of storage and related facilities proposed to be included, or the volume, type, and ownership of petroleum products proposed to be stored, in the Reserve, and an estimate of the proposed benefits.
(3) A contract entered into under subsection (a) shall not limit the discretion of the President or the Secretary to conduct a drawdown and sale of petroleum products from the Reserve.
(4) A contract entered into under subsection (a) shall include a provision that the obligation of the United States to make payments under the contract in any fiscal year is subject to the availability of appropriations.
(c) Charge for storage
The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) with or without charge or may pay a fee for its storage.
(d) Duration
Contracts entered into under subsection (a) may be of such duration as the Secretary considers necessary or appropriate.
(e) Binding arbitration
The Secretary may agree to binding arbitration of disputes under any contract entered into under subsection (a).
(f) Availability of funds
The Secretary may utilize such funds as are available in the SPR Petroleum Account to carry out the activities described in subsection (a), and may obligate and expend such funds to carry out such activities, in advance of the receipt of petroleum products.
(
Editorial Notes
Prior Provisions
A prior section 171 of
Amendments
2000—Subsec. (b)(2)(B).
Subsec. (b)(3).
1992—Subsec. (f).
§6249a. Implementation
(a), (b) Repealed. Pub. L. 106–469, title I, §103(21), Nov. 9, 2000, 114 Stat. 2033
(c) Legal status regarding other law
Petroleum product and facilities contracted for under this part have the same status as petroleum product and facilities owned by the United States for all purposes associated with the exercise of the laws of any State or political subdivision thereof.
(d) Return of product
At such time as the petroleum product contracted for under this part is withdrawn from the Reserve upon the expiration, termination, or other conclusion of the contract, such petroleum product (or the equivalent quantity of petroleum product withdrawn from the Reserve pursuant to the contract) shall be deemed, for purposes of determining the extent to which such product is thereafter subject to any Federal, State, or local law or regulation, not to have left the place where such petroleum product was located at the time it was originally committed to a contract under this part.
(
Editorial Notes
Amendments
2000—Subsecs. (a), (b).
"(a)
"(b)
§6249b. Repealed. Pub. L. 106–469, title I, §103(22), Nov. 9, 2000, 114 Stat. 2033
Section,
§6249c. Contracts for which implementing legislation is needed
(a) In general
(1) In the case of contracts entered into under this part, and amendments to such contracts, for which implementing legislation will be needed, the Secretary may transmit an implementing bill to both Houses of the Congress.
(2) In the Senate, any such bill shall be considered in accordance with the provisions of this section.
(3) For purposes of this section—
(A) the term "implementing bill" means a bill introduced in either House of Congress with respect to one or more contracts or amendments to contracts submitted to the House of Representatives and the Senate under this section and which contains—
(i) a provision approving such contracts or amendments, or both; and
(ii) legislative provisions that are necessary or appropriate for the implementation of such contracts or amendments, or both; and
(B) the term "implementing revenue bill" means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
(b) Consultation
The Secretary shall consult, at the earliest possible time and on a continuing basis, with each committee of the House and the Senate that has jurisdiction over all matters expected to be affected by legislation needed to implement any such contract.
(c) Effective date
Each contract and each amendment to a contract for which an implementing bill is necessary may become effective only if—
(1) the Secretary, not less than 30 days before the day on which such contract is entered into, notifies the House of Representatives and the Senate of the intention to enter into such a contract and promptly thereafter publishes notice of such intention in the Federal Register;
(2) after entering into the contract, the Secretary transmits a report to the House of Representatives and to the Senate containing a copy of the final text of such contract together with—
(A) the implementing bill, and an explanation of how the implementing bill changes or affects existing law; and
(B) a statement of the reasons why the contract serves the interests of the United States and why the implementing bill is required or appropriate to implement the contract; and
(3) the implementing bill is enacted into law.
(d) Rules of Senate
Subsections (e) through (h) are enacted by the Congress—
(1) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate but applicable only with respect to the procedure to be followed in the Senate in the case of implementing bills and implementing revenue bills described in subsection (a), and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(e) Introduction and referral in Senate
(1) On the day on which an implementing bill is transmitted to the Senate under this section, the implementing bill shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate.
(2) If the Senate is not in session on the day on which such an agreement is submitted, the implementing bill shall be introduced in the Senate, as provided in the 1 paragraph (1), on the first day thereafter on which the Senate is in session.
(3) Such bills shall be referred by the presiding officer of the Senate to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.
(f) Consideration of amendments to implementing bill prohibited in Senate
(1) No amendments to an implementing bill shall be in order in the Senate, and it shall not be in order in the Senate to consider an implementing bill that originated in the House if such bill passed the House containing any amendment to the introduced bill.
(2) No motion to suspend the application of this subsection shall be in order in the Senate; nor shall it be in order in the Senate for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.
(g) Discharge in Senate
(1) Except as provided in paragraph (3), if the committee or committees of the Senate to which an implementing bill has been referred have not reported it at the close of the 30th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill, and it shall be placed on the appropriate calendar.
(2) A vote on final passage of the bill shall be taken in the Senate on or before the close of the 15th day after the bill is reported by the committee or committees to which it was referred or after such committee or committees have been discharged from further consideration of the bill.
(3) The provisions of paragraphs (1) and (2) shall not apply in the Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be, subject to subsection (f)(1), referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate, such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill.
(4) For purposes of this subsection, in computing a number of days in the Senate, there shall be excluded any day on which the Senate is not in session.
(h) Floor consideration in Senate
(1) A motion in the Senate to proceed to the consideration of an implementing bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill shall be limited to not more than one hour to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill is not in order.
(
1 So in original. The word "the" probably should not appear.
Part D—Northeast Home Heating Oil Reserve
Editorial Notes
Prior Provisions
A prior part D, consisting of
§6250. Establishment
(a) Notwithstanding any other provision of this chapter, the Secretary may establish, maintain, and operate in the Northeast a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this subchapter. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.
(b) For the purposes of this part—
(1) the term "Northeast" means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey;
(2) the term "petroleum distillate" includes heating oil and diesel fuel; and
(3) the term "Reserve" means the Northeast Home Heating Oil Reserve established under this part.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
A prior section 181 of
§6250a. Authority
To the extent necessary or appropriate to carry out this part, the Secretary may—
(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;
(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;
(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;
(4) store petroleum distillate in facilities not owned by the United States; and
(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part, including to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.
(
§6250b. Conditions for release; plan
(a) Finding
The Secretary may sell products from the Reserve only upon a finding by the President that there is a severe energy supply interruption. Such a finding may be made only if he determines that—
(1) a dislocation in the heating oil market has resulted from such interruption; or
(2) a circumstance, other than that described in paragraph (1), exists that constitutes a regional supply shortage of significant scope and duration and that action taken under this section would assist directly and significantly in reducing the adverse impact of such shortage.
(b) Definition
For purposes of this section a "dislocation in the heating oil market" shall be deemed to occur only when—
(1) The price differential between crude oil, as reflected in an industry daily publication such as "Platt's Oilgram Price Report" or "Oil Daily" and No. 2 heating oil, as reported in the Energy Information Administration's retail price data for the Northeast, increases by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average), and continues for 7 consecutive days; and
(2) The price differential continues to increase during the most recent week for which price information is available.
(c) Continuing evaluation
The Secretary shall conduct a continuing evaluation of the residential price data supplied by the Energy Information Administration for the Northeast and data on crude oil prices from published sources.
(d) Release of petroleum distillate
After consultation with the heating oil industry, the Secretary shall determine procedures governing the release of petroleum distillate from the Reserve. The procedures shall provide that—
(1) the Secretary may—
(A) sell petroleum distillate from the Reserve through a competitive process, or
(B) enter into exchange agreements for the petroleum distillate that results 1 in the Secretary receiving a greater volume of petroleum distillate as repayment than the volume provided to the acquirer;
(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent in petroleum distillate that provides the Department with fair market value. At no time may the oil be sold or exchanged resulting in a loss of revenue or value to the United States; and
(3) the Secretary shall only sell or dispose of the oil in the Reserve to entities customarily engaged in the sale and distribution of petroleum distillate.
(e) Plan
Within 45 days of November 9, 2000, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing—
(1) the acquisition of storage and related facilities or storage services for the Reserve, including the potential use of storage facilities not currently in use;
(2) the acquisition of petroleum distillate for storage in the Reserve;
(3) the anticipated methods of disposition of petroleum distillate from the Reserve;
(4) the estimated costs of establishment, maintenance, and operation of the Reserve;
(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies to the Northeast; and
(6) actions to ensure quality of the petroleum distillate in the Reserve.
(
Editorial Notes
Amendments
2005—Subsec. (b)(1).
1 So in original. Probably should be "result".
§6250c. Northeast Home Heating Oil Reserve Account
(a) Establishment
Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the "Northeast Home Heating Oil Reserve Account" (referred to in this section as the "Account").
(b) Deposits
the 1 Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of petroleum distillate from the Reserve.
(c) Obligation of amounts
The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.
(
1 So in original. Probably should be capitalized.
§6250d. Exemptions
An action taken under this part is not subject to the rulemaking requirements of
(
§6250e. Repealed. Pub. L. 109–58, title III, §301(a)(2), Aug. 8, 2005, 119 Stat. 683
Section,
§6250f. Limit on amount of petroleum distillate
Notwithstanding
(
Editorial Notes
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Part E—Expiration
§6251. Repealed. Pub. L. 109–58, title III, §301(a)(3), Aug. 8, 2005, 119 Stat. 683
Section,
SUBCHAPTER II—STANDBY ENERGY AUTHORITIES
Part A—General Emergency Authorities
§§6261 to 6264. Repealed. Pub. L. 106–469, title I, §104(1), Nov. 9, 2000, 114 Stat. 2033
Section 6261,
Section 6262,
Section 6263,
Section 6264,
Part B—Authorities With Respect to International Energy Program
§6271. International oil allocations
(a) Authority of President to prescribe rules for implementation of obligations of United States relating to international allocation of petroleum products; amounts of allocation and prices; petroleum products subject to rule; term of rule
The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President.
(b) Prerequisites to rule taking effect; time rule may be put into effect or remain in effect
(1) No rule under subsection (a) may take effect unless the President—
(A) has transmitted such rule to the Congress;
(B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and
(C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule.
(2) No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A).
(c) Consistency of rule with attainment of objectives specified in section 753(b)(1) 1 of title 15; limitation on authority of officers or agencies of United States
(1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 753(b)(1) 1 of title 15.
(2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program.
(d) Nonapplicability of export restrictions under other laws
Neither section 6212 1 of this title nor
(e) Prerequisites for effectiveness of rule
No rule under this section may be put into effect unless—
(1) an international energy supply emergency, as defined in the first sentence of
(2) the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.
(
Editorial Notes
References in Text
Amendments
1998—Subsec. (e)(1).
1982—Subsec. (e).
1 See References in Text note below.
§6272. International voluntary agreements
(a) Exclusiveness of section's requirements
Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to—
(1) the development or carrying out of voluntary agreements and plans of action to implement the international emergency response provisions, and
(2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action.
(b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action
The Secretary, with the approval of the Attorney General, after each of them has consulted with the Federal Trade Commission and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the international emergency response provisions.
(c) Requirements for standards and procedures
The standards and procedures prescribed under subsection (b) shall include the following requirements:
(1)(A)(i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full-time Federal employee.
(ii) Meetings of bodies created by the International Energy Agency established by the international energy program need not be open to interested persons and need not be initiated and chaired by a regular full-time Federal employee.
(iii) The President, in consultation with the Secretary, the Secretary of State, and the Attorney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attendance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy interests of the United States.
(B) No meetings may be held to develop or carry out a voluntary agreement or plan of action under this section unless a regular full-time Federal employee is present.
(2) Interested persons permitted to attend such a meeting shall be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings, subject to any reasonable limitations with respect to the manner of presentation of data, views, and arguments as the Secretary may impose.
(3) A full and complete record, and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and complete record shall be kept of any communication (other than in a meeting) made, between or among participants or potential participants, to develop, or carry out a voluntary agreement or a plan of action under this section. Such record or transcript shall be deposited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspection and copying in accordance with
(4) No provision of this section may be exercised so as to prevent representatives of committees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agreements kept or made under this section. Such access to any transcript that is required to be kept for any meeting shall be provided as soon as practicable (but not later than 14 days) after that meeting.
(d) Participation of Attorney General and Federal Trade Commission in development and carrying out of voluntary agreements and plans of action
(1) The Attorney General and the Federal Trade Commission shall participate from the beginning in the development, and when practicable, in the carrying out of voluntary agreements and plans of action authorized under this section. Each may propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of this part. A voluntary agreement or plan of action under this section may not be carried out unless approved by the Attorney General, after consultation with the Federal Trade Commission. Prior to the expiration of the period determined under paragraph (2), the Federal Trade Commission shall transmit to the Attorney General its views as to whether such an agreement or plan of action should be approved, and shall publish such views in the Federal Register. The Attorney General, in consultation with the Federal Trade Commission, the Secretary of State, and the Secretary, shall have the right to review, amend, modify, disapprove, or revoke, on his own motion or upon the request of the Federal Trade Commission or any interested person, any voluntary agreement or plan of action at any time, and, if revoked, thereby withdraw prospectively any immunity which may be conferred by subsection (f) or (j).
(2) Any voluntary agreement or plan of action entered into pursuant to this section shall be submitted in writing to the Attorney General and the Federal Trade Commission 20 days before being implemented; except that during an international energy supply emergency, the Secretary, subject to approval of the Attorney General, may reduce such 20-day period. Any such agreement or plan of action shall be available for public inspection and copying, except that a plan of action shall be so available only to the extent to which records or transcripts are so available as provided in the last sentence of subsection (c)(3). Any action taken pursuant to such voluntary agreement or plan of action shall be reported to the Attorney General and the Federal Trade Commission pursuant to such regulations as shall be prescribed under paragraphs (3) and (4) of subsection (e).
(3) A plan of action may not be approved by the Attorney General under this subsection unless such plan (A) describes the types of substantive actions which may be taken under the plan, and (B) is as specific in its description of proposed substantive actions as is reasonable in light of circumstances known at the time of approval.
(e) Monitoring of development and carrying out of voluntary agreements and plans of action by Attorney General and Federal Trade Commission
(1) The Attorney General and the Federal Trade Commission shall monitor the development and carrying out of voluntary agreements and plans of action authorized under this section in order to promote competition and to prevent anticompetitive practices and effects, while achieving substantially the purposes of this part.
(2) In addition to any requirement specified under subsections (b) and (c) of this section and in order to carry out the purposes of this section, the Attorney General, in consultation with the Federal Trade Commission and the Secretary, may promulgate rules concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section.
(3) Persons developing or carrying out voluntary agreements and plans of action authorized pursuant to this section shall maintain such records as are required by rules promulgated under paragraph (2). The Attorney General and the Federal Trade Commission shall have access to and the right to copy such records at reasonable times and upon reasonable notice.
(4) The Attorney General and the Federal Trade Commission may each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such purposes and for purposes of enforcement any powers conferred upon the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act [
(f) Defense to civil or criminal antitrust actions
(1) There shall be available as a defense to any civil or criminal action brought under the antitrust laws (or any similar State law) in respect to actions taken to develop or carry out a voluntary agreement or plan of action by persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products (provided that such actions were not taken for the purpose of injuring competition) that—
(A) such actions were taken—
(i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or
(ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and
(B) such persons complied with the requirements of this section and the rules promulgated hereunder.
(2) Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the defense demonstrates that the actions were specified in, or within the reasonable contemplation of, an approved voluntary agreement or plan of action.
(3) Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition.
(g) Acts or practices occurring prior to date of enactment of chapter or subsequent to its expiration or repeal
No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any act or practice which occurred prior to the date of enactment of this chapter or subsequent to its expiration or repeal.
(h) Applicability of Defense Production Act of 1950
(1) the international energy program; or
(2) any allocation, price control, or similar program with respect to petroleum products under this chapter.
(i) Reports by Attorney General and Federal Trade Commission to Congress and President
The Attorney General and the Federal Trade Commission shall each submit to the Congress and to the President, at such intervals as are appropriate based on significant developments and issues, reports on the impact on competition and on small business of actions authorized by this section.
(j) Defense in breach of contract actions
In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an international energy supply emergency to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section.
(k) Definitions
As used in this section and
(1) The term "international energy supply emergency" means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required. Such a period may not exceed 90 days, but the President may establish one or more additional 90-day periods by making anew the determination under subparagraph (A) of the preceding sentence. Any determination respecting the beginning or end of any such period shall be published in the Federal Register.
(2) The term "international emergency response provisions" means—
(A) the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in the program; and
(B) the emergency response measures adopted by the Governing Board of the International Energy Agency (including the July 11, 1984, decision by the Governing Board on "Stocks and Supply Disruptions") for—
(i) the coordinated drawdown of stocks of petroleum products held or controlled by governments; and
(ii) complementary actions taken by governments during an existing or impending international oil supply disruption.
(l) Applicability of antitrust defense
The antitrust defense under subsection (f) shall not extend to the international allocation of petroleum products unless allocation is required by chapters III and IV of the international energy program during an international energy supply emergency.
(m) Limitation on new plans of action
(1) With respect to any plan of action approved by the Attorney General after July 2, 1985—
(A) the defenses under subsection (f) and (j) shall be applicable to Type 1 activities (as that term is defined in the International Energy Agency Emergency Management Manual, dated December 1982) only if—
(i) the Secretary has transmitted such plan of action to the Congress; and
(ii)(I) 90 calendar days of continuous session have elapsed since receipt by the Congress of such transmittal; or
(II) within 90 calendar days of continuous session after receipt of such transmittal, either House of the Congress has disapproved a joint resolution of disapproval pursuant to subsection (n); and
(B) such defenses shall not be applicable to Type 1 activities if there has been enacted, in accordance with subsection (n), a joint resolution of disapproval.
(2) The Secretary may withdraw the plan of action at any time prior to adoption of a joint resolution described in subsection (n)(3) by either House of Congress.
(3) For the purpose of this subsection—
(A) continuity of session is broken only by an adjournment of the Congress sine die at the end of the second session of Congress; and
(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved.
(n) Joint resolution of disapproval
(1)(A) The application of defenses under subsections (f) and (j) for Type 1 activities with respect to any plan of action transmitted to Congress as described in subsection (m)(1)(A)(i) shall be disapproved if a joint resolution of disapproval has been enacted into law during the 90-day period of continuous session after which such transmission was received by the Congress. For the purpose of this subsection, the term "joint resolution" means only a joint resolution of either House of the Congress as described in paragraph (3).
(B) After receipt by the Congress of such plan of action, a joint resolution of disapproval may be introduced in either House of the Congress. Upon introduction in the Senate, the joint resolution shall be referred in the Senate immediately to the Committee on Energy and Natural Resources of the Senate.
(2) This subsection is enacted by the Congress—
(A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by paragraph (3); it supersedes other rules only to the extent that is inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(3) The joint resolution disapproving the transmission under subsection (m) shall read as follows after the resolving clause: "That the Congress of the United States disapproves the availability of the defenses pursuant to section 252 (f) and (j) of the Energy Policy and Conservation Act with respect to Type 1 activities under the plan of action submitted to the Congress by the Secretary of Energy on .", the blank space therein being filled with the date and year of receipt by the Congress of the plan of action transmitted as described in subsection (m).
(4)(A) If the Committee on Energy and Natural Resources of the Senate has not reported a joint resolution referred to it under this subsection at the end of 20 calendar days of continuous session after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other joint resolution which has been referred to the committee with respect to such plan of action.
(B) A motion to discharge shall be highly privileged (except that it may not be made after the Committee on Energy and Natural Resources has reported a joint resolution with respect to the plan of action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the joint resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other joint resolution with respect to the same transmission.
(5)(A) When the Committee on Energy and Natural Resources of the Senate has reported or has been discharged from further consideration of a joint resolution, it shall be in order at any time thereafter within the 90-day period following receipt by the Congress of the plan of action (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider a vote by which the motion was agreed to or disagreed to.
(B) Debate on the joint resolution shall be limited to not more than 10 hours and final action on the joint resolution shall occur immediately following conclusion of such debate. A motion further to limit debate shall not be debatable. A motion to recommit such a joint resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such a joint resolution was agreed to or disagreed to.
(6)(A) Motions to postpone made with respect to the discharge from committee or consideration of a joint resolution, shall be decided without debate.
(B) Appeals from the decision of the Chair relating to the application of rules of the Senate to the procedures relating to a joint resolution shall be decided without debate.
(
Editorial Notes
References in Text
The Antitrust Civil Process Act, referred to in subsec. (e)(4), is
The date of enactment of this chapter, referred to in subsec. (g), means the date of enactment of
This chapter, referred to in subsec. (h)(2), was in the original "this Act", meaning
Section 252(f) and (j) of the Energy Policy and Conservation Act, referred to in subsection (n)(3), is classified to subsecs. (f) and (j) of this section.
Amendments
1998—Subsecs. (a)(1), (b).
Subsec. (d)(3).
Subsec. (e)(2).
Subsec. (f)(2).
Subsec. (h).
Subsec. (k)(2).
Subsec. (l).
1995—Subsec. (i).
1985—Subsec. (d)(1).
Subsecs. (j) to (l).
Subsecs. (m), (n).
1984—Subsec. (j).
1982—Subsec. (j).
Subsec. (m).
1981—Subsec. (j).
1979—Subsec. (c)(4).
Subsec. (j).
1978—Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2), (e)(2).
Statutory Notes and Related Subsidiaries
Study and Report on Energy Policy Cooperation Between United States and Other Western Hemisphere Countries
Report of Implementation Activities Under International Voluntary Agreements
Executive Documents
Classification of Certain Information and Material
For provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under
§6273. Advisory committees
(a) Authority of Secretary to establish; applicability of section 17 of Federal Energy Administration Act of 1974; chairman; inclusion of representatives of public; public meetings; notice of meeting to Attorney General and Federal Trade Commission; attendance and participation of their representatives
To achieve the purposes of the international energy program with respect to international allocation of petroleum products and the information system provided in such program, the Secretary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 [
(b) Transcript of meetings
A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with
(c) Suspension of application of certain requirements by President
The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the application of—
(1)
(2) subsections (b) and (c) of section 17 1 of the Federal Energy Administration Act of 1974,
(3) the requirement under subsection (a) of this section that meetings be open to the public, and
(4) the second sentence of subsection (b);
if the President determines with respect to a particular meeting, (A) that such suspension is essential to the developing or carrying out of the international energy program, (B) that such suspension relates solely to the purpose of international allocation of petroleum products and the information system provided in such program, and (C) that the meeting deals with matters described in
(
Editorial Notes
References in Text
The Federal Energy Administration Act of 1974, referred to in subsec. (a), is
Section 17 of the Federal Energy Administration Act of 1974, referred to in subsec. (c)(2), was classified to
Amendments
2022—Subsec. (c)(1).
1978—Subsecs. (a), (c).
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See
Executive Documents
Classification of Certain Information and Material
For provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under
1 See References in Text note below.
§6274. Exchange of information with International Energy Agency
(a) Submission of information by Secretary to Secretary of State; transmittal to Agency; aggregation and reporting of geological or geophysical information, trade secrets, or commercial or financial information; availability of such information during international energy supply emergency; certification by President that Agency has adopted security measures; review of compliance of other nations with program; petition to President for changes in procedure
(1) Except as provided in subsections (b) and (c), the Secretary, after consultation with the Attorney General, may provide to the Secretary of State, and the Secretary of State may transmit to the International Energy Agency established by the international energy program, the information and data related to the energy industry certified by the Secretary of State as required to be submitted under the international energy program.
(2)(A) Except as provided in subparagraph (B) of this paragraph, any such information or data which is geological or geophysical information or a trade secret or commercial or financial information to which section 552(b)(9) or (b)(4) of title 5 applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise reported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information or data, and in the case of geological or geophysical information, a competitive disadvantage to such person.
(B)(i) Notwithstanding subparagraph (A) of this paragraph, during an international energy supply emergency, any such information or data with respect to the international allocation of petroleum products may be made available to the International Energy Agency is otherwise authorized to be made available to such Agency by paragraph (1) of this subsection.
(ii) Subparagraph (A) shall not apply to information described in subparagraph (A) (other than geological or geophysical information) if the President certifies, after opportunity for presentation of views by interested persons, that the International Energy Agency has adopted and is implementing security measures which assure that such information will not be disclosed by such Agency or its employees to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data.
(3)(A) Within 90 days after December 22, 1975, and periodically thereafter, the President shall review the operation of this section and shall determine whether other signatory nations to the international energy program are transmitting information and data to the International Energy Agency in substantial compliance with such program. If the President determines that other nations are not so complying, paragraph (2)(B)(ii) shall not apply until he determines other nations are so complying.
(B) Any person who believes he has been or will be damaged by the transmittal of information or data pursuant to this section shall have the right to petition the President and to request changes in procedures which will protect such person from any competitive damage.
(b) Halting transmittal of information that would prejudice competition, violate antitrust laws, or be inconsistent with security interests
If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or be inconsistent with United States national security interests, he may require that such data or information not be transmitted.
(c) Information protected by statute
Information and data the confidentiality of which is protected by statute shall not be provided by the Secretary to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Secretary has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the confidentiality provisions of such statutory authority, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international organization or foreign country.
(d) Continuation of authority to collect data under Energy Supply and Environmental Coordination Act and Federal Energy Administration Act of 1974
For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by sections 11 and 13 of the Energy Supply and Environmental Coordination Act [
(e) Limitation on disclosure contained in other laws
The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to—
(1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 [
(2) section 14(b) of the Federal Energy Administration Act of 1974 [
(3) section 12 1 of the Export Administration Act of 1979;
(4)
(5)
(6)
(
Editorial Notes
References in Text
The provisions of such Acts relating to their expiration, referred to in subsec. (d), means section 11(g) of
Section 12 of the Export Administration Act of 1979, referred to in subsec. (e)(3), was classified to
Amendments
1979—Subsec. (e)(3).
1978—Subsecs. (a)(1), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
1 See References in Text note below.
§6275. Relationship between standby emergency authorities and international energy program
The purpose of the Congress in enacting this subchapter is to provide standby energy emergency authority to deal with energy shortage conditions and to minimize economic dislocations and adverse impacts on employment. While the authorities contained in this subchapter may, to the extent authorized by this subchapter, be used to carry out obligations incurred by the United States in connection with the International Energy Program, this subchapter shall not be construed in any way as advice and consent, ratification, endorsement, or other form of congressional approval of the specific terms of such program.
(
§6276. Domestic renewable energy industry and related service industries
(a) Purpose
It is the purpose of this section to implement the responsibilities of the United States under chapter VII of the international energy program with respect to development of alternative energy by facilitating the overall abilities of the domestic renewable energy industry and related service industries to create new markets.
(b) Evaluation; report to Congress
(1) Before the later of—
(A) 6 months after July 18, 1984, and
(B) May 31, 1985,
the Secretary of Commerce shall conduct an evaluation regarding the domestic renewable energy industry and related service industries and submit a report of his findings to the Congress.
(2) Such evaluation shall include—
(A) an assessment of the technical and commercial status of the domestic renewable energy industry and related service industries in domestic and foreign markets;
(B) an assessment of the Federal Government's activities affecting commerce in the domestic renewable energy industry and related service industries and in consolidating and coordinating such activities within the Federal Government; and
(C) an assessment of the aspects of the domestic renewable energy industry and related service industries in which improvements must be made to increase the international commercialization of such industry.
(c) Program for enhancing commerce in renewable energy technologies; funding
(1) On the basis of the evaluation under subsection (b), the Secretary of Commerce shall, consistent with existing law, establish a program for enhancing commerce in renewable energy technologies and consolidating or coordinating existing activities for such purpose.
(2) Such program shall provide for—
(A) the broadening of the participation by the domestic renewable energy industry and related service industries in such activities;
(B) the promotion of the domestic renewable energy industry and related service industries on a worldwide basis;
(C) the participation by the Federal Government and the domestic renewable energy industry and related service industries in international standard-setting activities; and
(D) the establishment of an information program under which—
(i) technical information about the domestic renewable energy industry and related service industries shall be provided to appropriate public and private officials engaged in commerce, and to potential end users, including other industry sectors in foreign countries such as health care, rural development, communications, and refrigeration, and others, and
(ii) marketing information about export and export financing opportunities shall be available to the domestic renewable energy industry and related service industries.
(3) Necessary funds required for carrying out such program shall be requested in connection with fiscal years beginning after September 30, 1984.
(d) Interagency working group
(1) Establishment
(A) There shall be established an interagency working group that, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting exports of renewable energy and energy efficiency products and services. The interagency working group shall establish a program to inform foreign countries of the benefits of policies that would increase energy efficiency or would allow facilities that use renewable energy to compete effectively with producers of energy from nonrenewable sources.
(B) There shall be established an Interagency Working Subgroup on Renewable Energy and an Interagency Working Subgroup on Energy Efficiency that shall, in consultation with representative industry groups, nonprofit organizations, and relevant Federal agencies, make recommendations to coordinate the actions and programs of the Federal Government to promote the export of domestic renewable energy and energy efficiency products and services, respectively.
(C) The Secretary of Energy, or the Secretary's designee, shall chair the interagency working group and each subgroup established under this paragraph. The Administrator of the Agency for International Development and the Secretary of Commerce, or their designees, shall be members of both subgroups established under this paragraph. The Secretary shall provide staff for carrying out the functions of the interagency working group and each subgroup established under this paragraph. The heads of appropriate agencies may detail such personnel and may furnish such services to such group and subgroups, with or without reimbursement, as may be necessary to carry out their functions.
(2) Duties of the interagency working subgroups
(A) The interagency working subgroups established under paragraph (1)(B), through the member agencies of the interagency working group, shall promote the development and application in foreign countries of renewable energy and energy efficiency products and services, respectively, that—
(i) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and
(ii) use hybrid fossil-renewable energy systems.
(B) In addition, the interagency working subgroups shall explore mechanisms for assisting domestic firms, particularly small businesses, with the export of their renewable energy and energy efficiency products and services and with the identification of potential projects.
(3) Training and assistance
The interagency working subgroups shall encourage the member agencies of the interagency working group to—
(A) provide technical training and education for international development personnel and local users in their own country;
(B) provide financial and technical assistance to nonprofit institutions that support the marketing and export efforts of domestic companies that provide renewable energy and energy efficiency products and services;
(C) develop environmentally sustainable renewable energy and energy efficiency projects in foreign countries;
(D) provide technical assistance and training materials to loan officers of the World Bank, international lending institutions, commercial and energy attaches at embassies of the United States and other appropriate personnel in order to provide information about renewable energy and energy efficiency products and services to foreign governments or other potential project sponsors;
(E) support, through financial incentives, private sector efforts to commercialize and export renewable energy and energy efficiency products and services; and
(F) augment budgets for trade and development programs in order to support pre-feasibility or feasibility studies for projects that utilize renewable energy and energy efficiency products and services.
(4) Study of export promotion practices
The interagency working group shall conduct a study of subsidies, incentives, and policies that foreign countries use to promote exports of their own renewable energy and energy efficiency technologies and products. Such study shall also identify foreign trade barriers to the import of renewable energy and energy efficiency technologies and products produced in the United States. The interagency working group shall report to the appropriate committees of the House of Representatives and the Senate the results of such study within 18 months after October 24, 1992.
(e) Omitted
(f) Functions of interagency working group; plan to increase United States exports of renewable energy and energy efficiency technologies
(1) The interagency working group shall—
(A) establish, in consultation with representatives of affected industries, a plan to increase United States exports of renewable energy and energy efficiency technologies, and include in such plan recommended guidelines for agencies that are represented on the working group with respect to the financing of, or other actions they can take within their programs to promote, exports of such renewable energy and energy efficiency technologies;
(B) develop, in consultation with representatives of affected industries, recommended administrative guidelines for Federal export loan programs to simplify application by firms seeking export assistance for renewable energy and energy efficiency technologies from agencies implementing such programs; and
(C) recommend specific renewable energy and energy efficiency technology markets for primary emphasis by Federal export loan programs, development programs, and private sector assistance programs.
(2) The interagency working group shall include a description of the plan established under paragraph (1)(A) in no later than the second report submitted under subsection (e),1 and shall include in subsequent reports a description of any modifications to such plan and of the progress in implementing the plan.
(g) Repealed. Pub. L. 102–486, title XII, §1207(c), Oct. 24, 1992, 106 Stat. 2963
(h) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to implement this part, to remain available until expended.
(
Editorial Notes
References in Text
Subsection (e) of this section, referred to in subsec. (f)(2), was omitted from the Code.
Codification
Subsec. (e) of this section, which required the interagency working group established under subsec. (d) of this section to annually report to Congress, describing the actions of each agency represented by a member of the working group taken during the previous fiscal year to achieve the purposes of such working group and of this section and describing the exports of renewable energy technology that have occurred as a result of such agency actions, terminated, effective May 15, 2000, pursuant to section 3003 of
Amendments
2003—Subsec. (h).
2000—Subsec. (h).
1996—Subsec. (h).
1992—Subsec. (d).
"(1) There shall be established an interagency working group which, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting commerce in renewable energy products and related services. The Secretary of Energy shall be the chairman of such group. The heads of appropriate agencies may detail such personnel and may furnish such services to such working group, with or without reimbursement, as may be necessary to carry out its functions.
"(2) The interagency group shall establish a program to inform other countries of the benefits of policies that would allow small facilities which produce renewable energy to compete effectively with producers of energy from nonrenewable sources."
Subsec. (d)(4).
Subsec. (f)(1).
Subsec. (g).
Subsec. (h).
"(1) $3,000,000 for fiscal year 1991;
"(2) $3,300,000 for fiscal year 1992; and
"(3) $3,600,000 for fiscal year 1993."
1989—Subsec. (c)(2)(D)(i).
Subsec. (c)(2)(D)(ii).
Subsec. (d).
Subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
Effective Date
1 See References in Text note below.
Part C—Summer Fill and Fuel Budgeting Programs
Editorial Notes
Codification
Prior Provisions
A prior part C, consisting of sections 6281 and 6282, was repealed by
Section 6281,
Section 6282,
§6283. Summer fill and fuel budgeting programs
(a) Definitions
In this section:
(1) Budget contract
The term "budget contract" means a contract between a retailer and a consumer under which the heating expenses of the consumer are spread evenly over a period of months.
(2) Fixed-price contract
The term "fixed-price contract" means a contract between a retailer and a consumer under which the retailer charges the consumer a set price for propane, kerosene, or heating oil without regard to market price fluctuations.
(3) Price cap contract
The term "price cap contract" means a contract between a retailer and a consumer under which the retailer charges the consumer the market price for propane, kerosene, or heating oil, but the cost of the propane, kerosene, or heating oil may exceed a maximum amount stated in the contract.
(b) Assistance
At the request of the chief executive officer of a State, the Secretary shall provide information, technical assistance, and funding—
(1) to develop education and outreach programs to encourage consumers to fill their storage facilities for propane, kerosene, and heating oil during the summer months; and
(2) to promote the use of budget contracts, price cap contracts, fixed-price contracts, and other advantageous financial arrangements,
to avoid severe seasonal price increases for and supply shortages of those products.
(c) Preference
In implementing this section, the Secretary shall give preference to States that contribute public funds or leverage private funds to develop State summer fill and fuel budgeting programs.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $25,000,000 for fiscal year 2001; and
(2) such sums as are necessary for each fiscal year thereafter.
(
Editorial Notes
Amendments
2005—Subsec. (e).
Part D—Expiration
§6285. Repealed. Pub. L. 109–58, title III, §301(b)(3), Aug. 8, 2005, 119 Stat. 683
Section,
SUBCHAPTER III—IMPROVING ENERGY EFFICIENCY
Part A—Energy Conservation Program for Consumer Products Other Than Automobiles
Editorial Notes
Codification
This part was, in the original, designated part B and has been redesignated as part A for purposes of codification.
§6291. Definitions
For purposes of this part:
(1) The term "consumer product" means any article (other than an automobile, as defined in
(A) which in operation consumes, or is designed to consume, energy or, with respect to showerheads, faucets, water closets, and urinals, water; 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
(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 chapter.
(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
(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
(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, for a covered product, determined in accordance with test procedures prescribed under
(B) a design requirement for the products specified in paragraphs (6), (7), (8), (10), (15), (16), (17), and (20) of
includes any other requirements which the Secretary may prescribe under
(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, 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
(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 into 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 terms "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
(20) The term "annual fuel utilization efficiency" means the efficiency descriptor for furnaces and boilers, determined using test procedures prescribed under
(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
(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 one-and-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 1½ 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 1½ 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 1½ 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)
(i)
(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)
(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 1 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 2 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)
(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)
(V)
(W)
(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)
(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-
(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)
(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)
(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)
(i)
(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)
(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)
(i)
(ii)
(I) the infrared region;
(II) the visible region; or
(III) the ultraviolet region.
(DD)
(EE)
(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
(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
(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)
(A)
(i)
(ii)
(I) light-emitting diodes providing illumination;
(II) organic light-emitting diodes providing illumination; or
(III) ceiling fans using direct current motors.
(B)
(C)
(i)
(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)
(I) requires Federal Food and Drug Administration listing and approval as a medical device in accordance with
(II) powers the charger of a detachable battery pack or charges the battery of a product that is fully or primarily motor operated.
(D)
(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)
(A)
(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/cm2.
(B)
(47)
(A)
(B)
(48)
(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)
(A) contained in a separate enclosure from the product; and
(B) intended to be removed or disconnected from the product for recharging.
(53)
(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
(55) BR
(A) BR
(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 December 19, 2007); 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 December 19, 2007).
(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
(A) ER
(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 December 19, 2007); 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 December 19, 2007).
(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
(58)
(59)
(A)
(B)
(i) Pout shall 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)
(60)
(61)
(62)
(63)
(64)
(65)
(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)
(A)
(B)
(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.
(
Editorial Notes
References in Text
This chapter, referred to in pars. (3) and (59)(C), was in the original "this Act", meaning
Amendments
2018—Par. (6)(B).
Par. (36)(A).
2012—Par. (30)(C)(ii).
Par. (30)(D)(i)(III).
Par. (30)(T)(i).
Par. (30)(T)(ii).
2007—Par. (29)(D)(ii).
Par. (30)(B)(viii).
Par. (30)(C)(ii).
"(I) a low(er) wattage reflector lamp which has a rated wattage between 40 and 205 watts; or
"(II) a high(er) wattage reflector lamp which has a rated wattage above 205 watts."
Par. (30)(D).
Par. (30)(T) to (EE).
Par. (36).
Pars. (46) to (48).
Par. (52).
Par. (53).
Pars. (54) to (57).
Pars. (58) to (66).
2005—Par. (29)(D)(i).
Par. (29)(D)(ii).
Par. (29)(D)(iii).
Par. (29)(M) to (P).
Par. (30)(S).
Pars. (32) to (51).
1998—Par. (1).
1992—
Par. (1).
Par. (1)(A).
Par. (6).
Par. (6)(A).
Par. (6)(B).
Par. (7).
Pars. (30), (31).
1988—Subsec. (a)(1).
Subsec. (a)(6)(B).
Subsec. (a)(29).
1987—Subsec. (a)(6).
"(A) which prescribes a minimum level of energy efficiency for a covered product, determined in accordance with test procedures prescribed under
"(B) which includes any other requirements which the Secretary may prescribe under
Subsec. (a)(19) to (28).
1978—Subsec. (a)(3), (6)(B), (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be followed by a closing parenthesis.
2 So in original. The word "and" probably should not appear.
§6292. Coverage
(a) In general
The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products:
(1) Refrigerators, refrigerator-freezers, and freezers which can be operated by alternating current electricity, excluding—
(A) any type designed to be used without doors; and
(B) any type which does not include a compressor and condenser unit as an integral part of the cabinet assembly.
(2) Room air conditioners.
(3) Central air conditioners and central air conditioning heat pumps.
(4) Water heaters.
(5) Furnaces.
(6) Dishwashers.
(7) Clothes washers.
(8) Clothes dryers.
(9) Direct heating equipment.
(10) Kitchen ranges and ovens.
(11) Pool heaters.
(12) Television sets.
(13) Fluorescent lamp ballasts.
(14) General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps.
(15) Showerheads, except safety shower showerheads.
(16) Faucets.
(17) Water closets.
(18) Urinals.
(19) Metal halide lamp fixtures.
(20) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b).
(b) Special classification of consumer product
(1) The Secretary may classify a type of consumer product as a covered product if he determines that—
(A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this chapter, and
(B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year.
(2) For purposes of this subsection:
(A) The term "average annual per-household energy use with respect to a type of product" means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type.
(B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units.
(C) The term "household" shall be defined under rules of the Secretary.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1)(A), was in the original "this Act", meaning
Amendments
2007—Subsec. (a)(14).
Subsec. (a)(19), (20).
1998—Subsec. (b)(2)(A).
1992—Subsec. (a)(14) to (19).
1988—Subsec. (a)(13), (14).
1987—Subsec. (a).
"(1) Refrigerators and refrigerator-freezers.
"(2) Freezers.
"(3) Dishwashers.
"(4) Clothes dryers.
"(5) Water heaters.
"(6) Room air conditioners.
"(7) Home heating equipment, not including furnaces.
"(8) Television sets.
"(9) Kitchen ranges and ovens.
"(10) Clothes washers.
"(11) Humidifiers and dehumidifiers.
"(12) Central aid conditioners.
"(13) Furnaces.
"(14) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b) of this section."
Subsec. (b).
1978—Subsecs. (a)(14), (b)(1), (2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Energy Efficiency Labeling for Windows and Window Systems
"(a)
"(2) Such rating program shall include—
"(A) specifications for testing procedures and labels that will enable window buyers to make more informed purchasing decisions about the energy efficiency of windows and window systems; and
"(B) information (which may be disseminated through catalogs, trade publications, labels, or other mechanisms) that will allow window buyers to assess the energy consumption and potential cost savings of alternative window products.
"(3) Such rating program shall be developed by the National Fenestration Rating Council according to commonly accepted procedures for the development of national testing procedures and labeling programs.
"(b)
"(c)
"(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the 'Commission') shall prescribe labeling rules under section 324 of such Act (
"(3) For purposes of sections 323, 324, and 327 of such Act [
"(4) For purposes of section 327(a) of such Act, the term 'this part' includes this subsection to the extent necessary to carry out this subsection."
Energy Efficiency Information for Commercial Office Equipment
"(a)
"(2) Such program shall—
"(A) consistent with the objectives of paragraph (1), determine the commercial office equipment to be covered under such program;
"(B) include specifications for testing procedures that will enable purchasers of such commercial office equipment to make more informed decisions about the energy efficiency and costs of alternative products; and
"(C) include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.
"(3) Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedure and labeling programs.
"(b)
"(c)
"(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the 'Commission') shall prescribe labeling rules under section 324 of such Act (
"(3) For purposes of sections 323, 324, and 327 of such Act [
"(4) For purposes of section 327(a) of such Act, the term 'this part' includes this subsection to the extent necessary to carry out this subsection."
Energy Efficiency Information for Luminaires
"(a)
"(2) Such program shall—
"(A) consistent with the objectives of paragraph (1), determine the luminaires to be covered under such program;
"(B) include specifications for testing procedures that will enable purchasers of such luminaires to make more informed decisions about the energy efficiency and costs of alternative products; and
"(C) include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.
"(3) Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedures and labeling programs.
"(b)
"(c)
"(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the 'Commission') shall prescribe labeling rules under section 324 of such Act (
"(3) For purposes of sections 323, 324, and 327 of such Act [
"(4) For purposes of section 327(a) of such Act, the term 'this part' includes this subsection to the extent necessary to carry out this subsection."
Report on Potential of Cooperative Advanced Appliance Development
Evaluation of Utility Early Replacement Programs for Appliances
§6293. Test procedures
(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 March 17, 1987, shall remain in effect until the Secretary amends such test procedures and related determinations under subsection (b).
(b) Amended and new procedures
(1)
(A)
(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
(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), 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, 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, 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
(6) With respect to fluorescent lamps and incandescent reflector lamps to which standards are applicable under subsection (i) of
(7)(A) Test procedures for showerheads and faucets to which standards are applicable under subsection (j) of
(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
(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
(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 August 8, 2005.
(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 6295(cc) 1 of this title.
(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 August 8, 2005, 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 August 8, 2005.
(B) The Secretary may review and revise the test procedures established under subparagraph (A).
(17)
(18)
(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, 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, 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
(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
(f) Additional consumer and commercial products
(1) Not later than 2 years after August 8, 2005, 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.
(
Editorial Notes
Amendments
2007—Subsec. (b)(1).
Subsec. (b)(17).
Subsec. (b)(18).
2005—Subsec. (b)(9) to (16).
Subsec. (f).
1992—Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(6) to (8).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (e)(1) to (3).
1988—Subsec. (b)(1)(C).
Subsec. (b)(5).
1987—
1978—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be section "6295(bb)".
§6294. Labeling
(a) In general
(1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (1), (2), (4), (6), and (8) through (12) of
(2)(A) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (3), (5), and (7) of
(B) The Commission shall prescribe labeling rules under this section applicable to the covered product specified in paragraph (13) of
(C)
(i)
(ii)
(D)(i) Not later than 18 months after October 24, 1992, the Commission shall prescribe labeling rules under this section applicable to general service fluorescent lamps, medium base compact fluorescent lamps, and general service incandescent lamps. Except as provided in clause (ii), such rules shall provide that the labeling of any general service fluorescent lamp, medium base compact fluorescent lamp, and general service incandescent lamp manufactured after the 12-month period beginning on the date of the publication of such rule shall indicate conspicuously on the packaging of the lamp, in a manner prescribed by the Commission under subsection (b), such information as the Commission deems necessary to enable consumers to select the most energy efficient lamps which meet their requirements. Labeling information for incandescent lamps shall be based on performance when operated at 120 volts input, regardless of the rated lamp voltage.
(ii) If the Secretary determines that compliance with the standards specified in
(iii)
(I)
(aa) the effectiveness of current lamp labeling for power levels or watts, light output or lumens, and lamp lifetime; and
(bb) alternative labeling approaches that will help consumers to understand new high-efficiency lamp products and to base the purchase decisions of the consumers on the most appropriate source that meets the requirements of the consumers for lighting level, light quality, lamp lifetime, and total lifecycle cost.
(II)
(aa) complete the rulemaking not later than the date that is 30 months after December 19, 2007; and
(bb) consider reopening the rulemaking not later than 180 days before the effective dates of the standards for general service incandescent lamps established under
(E)(i) Not later than one year after October 24, 1992, the Commission shall prescribe labeling rules under this section for showerheads and faucets to which standards are applicable under subsection (j) of
(ii) If the marking and labeling requirements of ASME A112.18.1M–1989 are revised at any time and approved by ANSI, the Commission shall amend the labeling rules established pursuant to clause (i) to be consistent with such revised ASME/ANSI requirements unless such requirements are inconsistent with the purposes of this chapter or the requirement specified in clause (i) requiring each showerhead and flow restricting or controlling spout-end device to bear a permanent legible marking indicating the flow rate of such product.
(F)(i) Not later than one year after October 24, 1992, the Commission shall prescribe labeling rules under this section for water closets and urinals to which standards are applicable under subsection (k) of
(ii) If the marking and labeling requirements of ASME A112.19.2M–1990 are revised at any time and approved by ANSI, the Commission shall amend the labeling rules established pursuant to clause (i) to be consistent with such revised ASME/ANSI requirements unless such requirements are inconsistent with the purposes of this chapter or the requirement specified in clause (i) requiring each fixture and flushometer valve to bear a permanent legible marking indicating the water use of such fixture or flushometer valve.
(iii) Any labeling rules prescribed under this subparagraph before January 1, 1997, shall provide that, with respect to any gravity tank-type white 2-piece toilet which has a water use greater than 1.6 gallons per flush (gpf), any printed matter distributed or displayed in connection with such product (including packaging and point of sale material, catalog material, and print advertising) shall include, in a conspicuous manner, the words "For Commercial Use Only".
(G)(i) Not later than 90 days after August 8, 2005, the Commission shall initiate a rulemaking to consider—
(I) the effectiveness of the consumer products labeling program in assisting consumers in making purchasing decisions and improving energy efficiency; and
(II) changes to the labeling rules (including categorical labeling) that would improve the effectiveness of consumer product labels.
(ii) Not later than 2 years after August 8, 2005, the Commission shall complete the rulemaking initiated under clause (i).
(H)(i) Not later than 18 months after August 8, 2005, the Commission shall issue by rule, in accordance with this section, labeling requirements for the electricity used by ceiling fans to circulate air in a room.
(ii) The rule issued under clause (i) shall apply to products manufactured after the later of—
(I) January 1, 2009; or
(II) the date that is 60 days after the final rule is issued.
(I)
(i)
(I) televisions;
(II) personal computers;
(III) cable or satellite set-top boxes;
(IV) stand-alone digital video recorder boxes; and
(V) personal computer monitors.
(ii)
(I) identifies adequate non-Department of Energy testing procedures for those products; and
(II) determines that labeling of, or other disclosures relating to, those products is likely to assist consumers in making purchasing decisions.
(iii)
(I)
(II)
(iv)
(I) is not technologically or economically feasible; or
(II) is not likely to assist consumers in making purchasing decisions.
(3) The Commission may prescribe a labeling rule under this section applicable to covered products of a type specified in paragraph (20) of
(A) the Commission or the Secretary has made a determination with respect to such type (or class thereof) that labeling in accordance with this section will assist purchasers in making purchasing decisions,
(B) the Secretary has prescribed test procedures under
(C) the Commission determines with respect to such type (or class thereof) that application of labeling rules under this section to such type (or class thereof) is economically and technologically feasible.
(4) Any determination under this subsection shall be published in the Federal Register.
(5)(A) For covered products described in subsections (u) through (ff) of
(B) In the case of products to which TP–1 standards under
(C) In the case of dehumidifiers covered under
(6)
(b) Rules in effect; new rules
(1)(A) Any labeling rule in effect on March 17, 1987, shall remain in effect until amended, by rule, by the Commission.
(B) After March 17, 1987, and not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (13), and paragraphs (15) through (20) of
(2) The Commission shall afford interested persons an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under paragraph (1). The period for such presentations shall not be less than 45 days.
(3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed under
(4) A labeling rule prescribed under paragraph (3) shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Commission determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules.
(5) The Commission may delay the publication of a proposed labeling rule, or the prescription of a labeling rule, beyond the dates specified in paragraph (1) or (3), if it determines that it cannot publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such determination in the Federal Register, together with the reasons therefor. In any such case, it shall publish proposed labeling rules or prescribe labeling rules for covered products of such type (or class thereof) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible, or (B) in the case of a type specified in paragraphs (3), (5), and (7) of
(c) Content of label
(1) Subject to paragraph (6), a rule prescribed under this section shall require that each covered product in the type or class of covered products to which the rule applies bear a label which discloses—
(A) the estimated annual operating cost of such product (determined in accordance with test procedures prescribed under
(i) the Secretary determines that disclosure of estimated annual operating cost is not technologically feasible, or
(ii) the Commission determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible,
the Commission shall require disclosure of a different useful measure of energy consumption (determined in accordance with test procedures prescribed under
(B) information respecting the range of estimated annual operating costs for covered products to which the rule applies; except that if the Commission requires disclosure under subparagraph (A) of a measure of energy consumption different from estimated annual operating cost, then the label shall disclose the range of such measure of energy consumption of covered products to which such rule applies.
(2) A rule under this section shall include the following:
(A) A description of the type or class of covered products to which such rule applies.
(B) Subject to paragraph (6), information respecting the range of estimated annual operating costs or other useful measure of energy consumption (determined in such manner as the rule may prescribe) for such type or class of covered products.
(C) A description of the test procedures under
(D) A prototype label and directions for displaying such label.
(3) A rule under this section shall require that the label be displayed in a manner that the Commission determines is likely to assist consumers in making purchasing decisions and is appropriate to carry out this part. The Commission may permit a tag to be used in lieu of a label in any case in which the Commission finds that a tag will carry out the purposes for which the label was intended.
(4) A rule under this section applicable to a covered product may require disclosure, in any printed matter displayed or distributed at the point of sale of such product, of any information which may be required under this section to be disclosed on the label of such product. Requirements under this paragraph shall not apply to any broadcast advertisement or any advertisement in any newspaper, magazine, or other periodical.
(5) The Commission may require that a manufacturer of a covered product to which a rule under this section applies—
(A) include on the label,
(B) separately attach to the product, or
(C) ship with the product,
additional information relating to energy consumption, including instructions for the maintenance, use, or repair of the covered product, if the Commission determines that such additional information would assist consumers in making purchasing decisions or in using such product, and that such requirement would not be unduly burdensome to manufacturers.
(6) The Commission may delay the effective date of the requirement specified in paragraph (1)(B) of this subsection applicable to a type or class of covered product, insofar as it requires the disclosure on the label of information respecting range of a measure of energy consumption, for not more than 12 months after the date on which the rule under this section is first applicable to such type or class, if the Commission determines that such information will not be available within an adequate period of time before such date.
(7) Paragraphs (1), (2), (3), (5), and (6) of this subsection shall not apply to the covered product specified in paragraphs (13), (14), (15), (16), (17), and (18) of
(8) If a manufacturer of a covered product specified in paragraph (15) or (17) of
(A) such estimated cost or range of costs shall be determined in accordance with test procedures prescribed under
(B) the format of such label shall be in accordance with a format prescribed by the Commission; and
(C) such label shall be displayed in a manner, prescribed by the Commission, to be likely to assist consumers in making purchasing decisions and appropriate to carry out the purposes of this chapter.
(9)
(d) Effective date
A rule under this section (or an amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of such rule or amendment, as the case may be.
(e) Study of certain products
The Secretary, in consultation with the Commission, shall study consumer products for which labeling rules under this section have not been proposed, in order to determine (1) the aggregate energy consumption of such products, and (2) whether the imposition of labeling requirements under this section would be feasible and useful to consumers in making purchasing decisions. The Secretary shall include the results of such study in the annual report under
(f) Consultation
The Secretary and the Commission shall consult with each other on a continuing basis as may be necessary or appropriate to carry out their respective responsibilities under this part. Before the Commission makes any determination under subsection (a)(1), it shall obtain the views of the Secretary and shall take such views into account in making such determination.
(g) Other authority of the Commission
Until such time as labeling rules under this section take effect with respect to a type or class of covered product, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(2)(E)(ii), (F)(ii) and (c)(8)(C), was in the original "this Act", meaning
The Federal Trade Commission Act, referred to in subsec. (g), is act Sept. 26, 1914, ch. 311,
Amendments
2018—
2012—Subsec. (c)(9).
2007—Subsec. (a)(2)(C).
Subsec. (a)(2)(C)(iii).
Subsec. (a)(2)(D) to (H).
Subsec. (a)(2)(I).
Subsec. (a)(6).
Subsec. (c)(9).
2005—Subsec. (a)(2)(F), (G).
Subsec. (a)(5).
1998—Subsec. (a)(2)(C)(ii).
1992—Subsec. (a)(2)(C) to (E).
Subsec. (a)(3).
Subsec. (b)(1)(B).
Subsec. (b)(3), (5).
Subsec. (c)(7).
Subsec. (c)(8).
1988—Subsec. (a)(2).
Subsecs. (a)(3), (b)(1)(B), (3), (5).
Subsec. (c)(7).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1978—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (c)(1)(A)(i).
Subsec. (c)(5).
Subsecs. (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
Market Assessments and Consumer Awareness Program
"(1)
"(A) conduct an annual assessment of the market for general service lamps and compact fluorescent lamps—
"(i) to identify trends in the market shares of lamp types, efficiencies, and light output levels purchased by residential and nonresidential consumers; and
"(ii) to better understand the degree to which consumer decisionmaking is based on lamp power levels or watts, light output or lumens, lamp lifetime, and other factors, including information required on labels mandated by the Federal Trade Commission;
"(B) provide the results of the market assessment to the Federal Trade Commission for consideration in the rulemaking described in section 324(a)(2)(C)(iii) of the Energy Policy and Conservation Act (
"(C) in cooperation with industry trade associations, lighting industry members, utilities, and other interested parties, carry out a proactive national program of consumer awareness, information, and education that broadly uses the media and other effective communication techniques over an extended period of time to help consumers understand the lamp labels and make energy-efficient lighting choices that meet the needs of consumers.
"(2)
§6294a. Energy Star program
(a) In general
There is established within the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of, or other forms of communication about, products and buildings that meet the highest energy conservation standards.
(b) Division of responsibilities
Responsibilities under the program shall be divided between the Department of Energy and the Environmental Protection Agency in accordance with the terms of applicable agreements between those agencies.
(c) Duties
The Administrator and the Secretary shall—
(1) promote Energy Star compliant technologies as the preferred technologies in the marketplace for—
(A) achieving energy efficiency; and
(B) reducing pollution;
(2) work to enhance public awareness of the Energy Star label, including by providing special outreach to small businesses;
(3) preserve the integrity of the Energy Star label;
(4) regularly update Energy Star product criteria for product categories;
(5) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or criterion (or prior to effective dates for any such product category, specification, or criterion);
(6) on adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria, along with—
(A) an explanation of the changes; and
(B) as appropriate, responses to comments submitted by interested parties; and
(7) provide appropriate lead time (which shall be 270 days, unless the Agency or Department specifies otherwise) prior to the applicable effective date for a new or a significant revision to a product category, specification, or criterion, taking into account the timing requirements of the manufacturing, product marketing, and distribution process for the specific product addressed.
(d) Deadlines
The Secretary shall establish new qualifying levels—
(1) not later than January 1, 2006, for clothes washers and dishwashers, effective beginning January 1, 2007; and
(2) not later than January 1, 2008, for clothes washers, effective beginning July 1, 2009.
(
Editorial Notes
Amendments
2007—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§6294b. WaterSense program
(a) Establishment of WaterSense program
(1) In general
There is established within the Environmental Protection Agency a voluntary program, to be known as the WaterSense program, to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of communications regarding, such products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly—
(A) reduce water use;
(B) reduce the strain on public water systems, community water systems, and wastewater and stormwater infrastructure;
(C) conserve energy used to pump, heat, transport, and treat water; and
(D) preserve water resources for future generations.
(2) Inclusions
Categories of products, buildings, landscapes, facilities, processes, and services that may be included under the program include—
(A) irrigation technologies and services;
(B) point-of-use water treatment devices;
(C) plumbing products;
(D) water reuse and recycling technologies;
(E) landscaping and gardening products, including moisture control or water enhancing technologies;
(F) xeriscaping and other landscape conversions that reduce water use;
(G) whole house humidifiers; and
(H) water-efficient buildings or facilities.
(b) Duties
The Administrator of the Environmental Protection Agency, in coordination with the Secretary of Energy as appropriate, shall—
(1) establish—
(A) a WaterSense label to be used for products, buildings, landscapes, facilities, processes, and services meeting the certification criteria established pursuant to this section; and
(B) the procedure, including the methods and means, and criteria by which products, buildings, landscapes, facilities, processes, and services may be certified to display the WaterSense label;
(2) enhance public awareness regarding the WaterSense label through outreach and public education;
(3) preserve the integrity of the WaterSense label by—
(A) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services certified to display the WaterSense label perform as well or better than less water-efficient counterparts;
(B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States;
(C) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and
(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse;
(4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings;
(5) in revising any WaterSense criteria—
(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes;
(B) solicit comments from interested parties and the public prior to any changes;
(C) as appropriate, respond to comments submitted by interested parties and the public; and
(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and
(6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012.
(c) Transparency
The Administrator of the Environmental Protection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and energy savings attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services.
(d) Distinction of authorities
In setting or maintaining specifications and criteria for Energy Star pursuant to
(e) No warranty
A WaterSense label shall not create any express or implied warranty.
(f) Methods for establishing performance criteria
In establishing performance criteria for products, buildings, landscapes, facilities, processes, or services pursuant to this section, the Administrator of the Environmental Protection Agency shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, processes, or services, as appropriate.
(g) Definition of feasible
The term "feasible" means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).
(
§6295. Energy conservation standards
(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)
(A)
(B)
(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)
(A)
(i)
(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)
(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)
(B)
(i)
(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)
(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)
(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)
(A)
(i)
(I) a water heater; and
(II) a storage water heater, instantaneous water heater, and unfired hot water storage tank (as defined in
(ii)
(B)
(C)
(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
(D)
(i)
(ii)
(E)
(i)
(ii)
(iii)
(iv)
(v)
(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)
(i) does not have a residential use and can be clearly described in the final rule; and
(ii) are 1 effectively rated using the thermal efficiency and standby loss descriptors applied (as of December 18, 2012) to the category under
(G)
(i) a revised version of the energy factor descriptor in use as of December 18, 2012;
(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)
(I)
(J)
(K)
(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)
(A)
(i)
(ii)
(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)
(C)
(i)
(ii)
(iii)
(D)
(i)
(ii)
(E)
(i)
(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)
(iii)
(iv)
(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)
(A)
| Boiler Type | Minimum Annual Fuel Utilization Efficiency | Design 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)
(i)
(ii)
(iii)
(iv)
(C)
(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 chapter, 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 three 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:
| Application for Operation of | Ballast Input Voltage | Total Nominal Lamp Watts | Ballast Efficacy 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:
| Application for operation of | Ballast input voltage | Total nominal lamp watts | Ballast efficacy factor |
|---|---|---|---|
| One F34T12 lamp | 120/277 | 34 | 2.61 |
| Two F34T12 lamps | 120/277 | 68 | 1.35 |
| Two F96T12/ES lamps | 120/277 | 120 | 0.77 |
| Two F96T12HO/ES lamps | 120/277 | 190 | 0.42. |
(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)
(A)
(i) a Modified Energy Factor of at least 1.26; and
(ii) a water factor of not more than 9.5.
(B)
(i)
(ii)
(10)
(A)
(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)
(i)
(ii)
(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)
(A)
(B)
| Lamp Type | Nominal Lamp Wattage | Minimum CRI | Minimum Average Lamp Efficacy (LPW) | Effective Date (Period of 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 |
| Nominal Lamp Wattage | Minimum Average Lamp Efficacy (LPW) | Effective Date (Period of 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)
(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)
(i) ER,
(ii)
(2) Notwithstanding
(3) Not less than 36 months after October 24, 1992, 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 October 24, 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 the 36-month period beginning on the date such final rule is published.
(4) Not less than eight years after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than nine years and six months after October 24, 1992, 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 6294(a)(2)(C) 2 of this title 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 3 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)
(A)
(i)
(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)
(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)
(iv)
(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)
(vi)
(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 December 19, 2007.
(B)
(i)
(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)
(iii)
(iv)
(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
(B) Notwithstanding subsection (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
(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 replacement aerators | 2.5 gallons per minute |
| Kitchen faucets | 2.5 gallons per minute |
| Kitchen replacement aerators | 2.5 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 chapter.
(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
(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
(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 chapter.
(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
(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
(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
(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
(2) Any new or amended standard for covered products of a type specified in paragraph (20) of
(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)
(A)
(B)
(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)
(i)
(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)
(I)
(II)
(D)
(i)
(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)
(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)
(i)
(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)
(I) have a maximum 40-watt limitation; and
(II) be sold at retail only in a package containing 1 lamp.
(F) 3-
(i)
(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)
(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) 2 ; and
(II) 3-way lamps be sold at retail only in a package containing 1 lamp.
(G) 2,601–3,300
(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)
(i)
(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)
(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)
(i)
(ii)
(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).
(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.
(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 amended standard
(1) With respect to each covered product described in paragraphs (1) through (11), and in paragraphs (13) and (14) of
(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.
(3)
(4)
(A) a final rule that contains the new or amended standards; or
(B) a determination that no new or amended standards are necessary.
(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) 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, 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
(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
(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)
(A)
(B)
(i)
(ii)
(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)
(i)
(ii)
(iii)
(D)
(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; 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)
(i)
(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)
(F)
(i)
(ii)
(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)
(I)
(II)
(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)
(iv)
(G)
(i)
(I)
(II)
(ii)
(I)
(II)
(III)
(IV)
(V)
(H)
(i)
(ii)
(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)
(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
(A) whether the standard to be prescribed is economically justified (taking into account those factors which the Secretary must consider under subsection (o)(2)) 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)
(A)
(i) if the Secretary determines that the recommended standard contained in the statement is in accordance with subsection (o) 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)
(C)
(i)
(I) the Secretary receives 1 or more adverse public comments relating to the direct final rule under subparagraph (B)(i) 5 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),
(ii)
(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)
(D)
(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
(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
(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 August 8, 2005, 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 August 8, 2005, 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)
(i)
(I)
(II)
(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
(3)
(A)
| Active Mode | ||
|---|---|---|
| Nameplate Output | Required Efficiency(decimal equivalent of a percentage) | |
| Less than 1 watt | 0.5 times the Nameplate Output | |
| From 1 watt to not more than 51 watts | The sum of 0.09 times the Natural 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)
(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)
(D)
(i)
(I)
(II)
(aa) contain any amended standards; and
(bb) apply to products manufactured on or after July 1, 2013.
(ii)
(I)
(II)
(aa) contain any amended standards; and
(bb) apply to products manufactured on or after July 1, 2023.
(E)
(i)
(I)
(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)
(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)
(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)
(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)
(4)
(5)
(A)
(i)
(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)
(iii)
(B)
(i)
(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)
(v) Refrigerated beverage vending machines
(1) Not later than 4 years after August 8, 2005, 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 August 8, 2005; 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 August 8, 2005, 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)
| 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 chapter, 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.
(C)(i) Large-diameter ceiling fans manufactured on or after January 21, 2020, shall—
(I) not be required to meet minimum ceiling fan efficiency in terms of ratio of the total airflow to the total power consumption as described in the final rule titled "Energy Conservation Program: Energy Conservation Standards for Ceiling Fans" (82 Fed. Reg. 6826 (January 19, 2017)); and
(II) have a CFEI greater than or equal to—
(aa) 1.00 at high speed; and
(bb) 1.31 at 40 percent speed or the nearest speed that is not less than 40 percent speed.
(ii) For purposes of this subparagraph, the term "CFEI" means the Fan Energy Index for large-diameter ceiling fans, calculated in accordance with ANSI/AMCA Standard 208–18 titled "Calculation of the Fan Energy Index", with the following modifications:
(I) Using an Airflow Constant (Q0) of 26,500 cubic feet per minute.
(II) Using a Pressure Constant (P0) of 0.0027 inches water gauge.
(III) Using a Fan Efficiency Constant (η0) of 42 percent.
(7)
(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
(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 December 19, 2007.
(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
(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 August 8, 2005, except that any State or local standard prescribed or enacted before August 8, 2005, shall not be preempted until the energy conservation standards established under subsections (w) through (hh) take effect.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (f)(4)(D), (j)(3)(A)(iii), (k)(3)(A)(iii), and (ff)(6)(A), was in the original "this Act", meaning
Subpar. (C) of
Subsection (i), referred to in subsec. (l)(4)(F)(ii)(I), was amended by
Amendments
2020—Subsec. (ff)(6)(C).
2018—Subsec. (l)(1), (2).
2017—Subsec. (u)(3)(D)(ii).
Subsec. (u)(3)(E)(ii).
Subsec. (u)(3)(E)(iv).
2015—Subsec. (e)(6).
2014—Subsec. (u)(5).
2012—Subsec. (d)(4).
Subsec. (e)(5).
Subsec. (g)(8)(C)(ii).
Subsec. (i)(1).
Subsec. (l)(4)(A).
Subsec. (n)(3) to (5).
Subsec. (u)(4).
Subsec. (u)(7).
2011—Subsec. (u)(3)(A).
Subsec. (u)(3)(E).
2007—Subsec. (b)(4).
Subsec. (f).
Subsec. (f)(3), (4).
Subsec. (f)(4)(D).
Subsec. (g)(9), (10).
Subsec. (i).
Subsec. (i)(1).
Subsec. (i)(5).
Subsec. (i)(6) to (8).
Subsec. (l)(4).
Subsec. (m).
Subsec. (o)(6).
Subsec. (p)(1) to (3).
"(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule may apply;
"(B) shall invite interested persons to submit, within 60 days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and
"(C) may identify proposed or amended standards that may be prescribed."
Subsec. (p)(4).
Subsec. (u)(1)(E).
Subsec. (u)(1)(E)(i).
Subsec. (u)(2) to (5).
Subsec. (u)(6).
Subsec. (u)(7).
Subsec. (v).
Subsec. (v)(1) to (4).
Subsec. (cc)(2).
Subsec. (ee).
Subsec. (ff)(1)(A)(iii), (iv).
Subsec. (ff)(4)(C).
Subsec. (ff)(4)(C)(ii).
Subsec. (ff)(6)(B) to (D).
Subsec. (ff)(7).
Subsec. (gg).
Subsec. (hh).
Subsec. (ii).
2005—Subsec. (f)(3)(D).
Subsec. (g)(6)(B).
Subsec. (g)(8).
Subsec. (o)(5).
Subsecs. (u) to (gg).
1998—Subsec. (e)(4)(A).
Subsec. (g).
1992—Subsecs. (i) to (k).
Subsec. (l).
Subsec. (l)(1).
Subsec. (l)(2).
Subsec. (l)(3).
Subsec. (m).
Subsec. (n).
Subsec. (n)(1).
Subsec. (n)(2)(C).
Subsec. (n)(3)(B).
Subsec. (o).
Subsec. (o)(1).
Subsec. (o)(2)(A).
Subsec. (o)(2)(B)(i)(III).
Subsec. (o)(2)(B)(i)(VI).
Subsec. (o)(2)(B)(iii).
Subsec. (o)(3)(B).
Subsec. (p).
Subsec. (p)(3)(A).
Subsecs. (q) to (t).
1988—Subsec. (e)(1)(C).
Subsec. (g).
Subsec. (g)(5) to (7).
Subsec. (i)(1), (2).
Subsec. (j)(B).
Subsec. (k)(1).
Subsec. (k)(3)(B).
1987—
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e) to (j).
1976—Subsec. (a)(1)(A).
Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by section 10(a)(1), (8), (11) of
Effective Date of 2007 Amendment
Amendment by
Revision
Lighting Technology Research and Development Program
"(1)
"(A) to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available in the United States; and
"(B) to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the wattage requirements imposed as a result of the amendments made by subsection (a) [amending this section and
"(2)
"(3)
1 So in original. Probably should be "is".
2 See References in Text note below.
3 So in original. The word "lamps" probably should appear after "fluorescent".
4 So in original. Subpar. (G) does not contain a cl. (i)(II).
5 So in original. Probably should be "subparagraph (A)(i)".
§6296. Requirements of manufacturers
(a) In general
Each manufacturer of a covered product to which a rule under
(b) Notification
(1) Each manufacturer of a covered product to which a rule under
(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
(3) When requested—
(A) by the Secretary for purposes of ascertaining whether a product subject to a standard established in or prescribed under
(B) by the Commission for purposes of ascertaining whether the information set out on a label of a product, as required under
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
(5) A rule under
(c) Deadline
Each manufacturer shall use labels reflecting the range data required to be disclosed under
(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, 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 designed to minimize unnecessary burdens on manufacturers of covered products.
(3) The provisions of
(
Editorial Notes
Amendments
1992—Subsec. (b)(4).
Subsec. (d)(1).
1987—Subsec. (a).
Subsec. (b).
Subsec. (b)(3)(A).
Subsec. (c).
Subsec. (d).
1978—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (d).
§6297. Effect on other law
(a) Preemption of testing and labeling requirements
(1) Effective on March 17, 1987, this part supersedes any State regulation insofar as such State regulation provides at any time for the disclosure of information with respect to any measure of energy consumption or water use of any covered product if—
(A) such State regulation requires testing or the use of any measure of energy consumption, water use, or energy descriptor in any manner other than that provided under
(B) such State regulation requires disclosure of information with respect to the energy use, energy efficiency, or water use of any covered product other than information required under
(2) For purposes of this section, the following definitions apply:
(A) The term "State regulation" means a law, regulation, or other requirement of a State or its political subdivisions. With respect to showerheads, faucets, water closets, and urinals, such term shall also mean a law, regulation, or other requirement of a river basin commission that has jurisdiction within a State.
(B) The term "river basin commission" means—
(i) a commission established by interstate compact to apportion, store, regulate, or otherwise manage or coordinate the management of the waters of a river basin; and
(ii) a commission established under
(b) General rule of preemption for energy conservation standards before Federal standard becomes effective for product
Effective on March 17, 1987, and ending on the effective date of an energy conservation standard established under
(1)(A) was prescribed or enacted before January 8, 1987, and is applicable to products before January 3, 1988, or in the case of any portion of any regulation which establishes requirements for fluorescent lamp ballasts, was prescribed or enacted before June 28, 1988, or in the case of any portion of any regulation which establishes requirements for fluorescent or incandescent lamps, flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals, was prescribed or enacted before October 24, 1992; or
(B) in the case of any portion of any regulation that establishes requirements for general service incandescent lamps, intermediate base incandescent lamps, or candelabra base lamps, was enacted or adopted by the State of California or Nevada before December 4, 2007, except that—
(i) the regulation adopted by the California Energy Commission with an effective date of January 1, 2008, shall only be effective until the effective date of the Federal standard for the applicable lamp category under subparagraphs (A), (B), and (C) of
(ii) the States of California and Nevada may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards with effective dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and (C) of
(2) is a State procurement regulation described in subsection (e);
(3) is a regulation described in subsection (f)(1) or is prescribed or enacted in a building code for new construction described in subsection (f)(2);
(4) is a regulation prohibiting the use in pool heaters of a constant burning pilot, or is a regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of
(5) is a regulation described in subsection (d)(5)(B) for which a waiver has been granted under subsection (d);
(6) is a regulation effective on or after January 1, 1992, concerning the energy efficiency or energy use of television sets; or
(7) is a regulation (or portion thereof) concerning the water efficiency or water use of low consumption flushometer valve water closets.
(c) General rule of preemption for energy conservation standards when Federal standard becomes effective for product
Except as provided in
(1) is a regulation described in paragraph (2) or (4) of subsection (b), except that a State regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of
(2) is a regulation which has been granted a waiver under subsection (d);
(3) is in a building code for new construction described in subsection (f)(3);
(4) is a regulation concerning the water use of lavatory faucets adopted by the State of New York or the State of Georgia before October 24, 1992;
(5) is a regulation concerning the water use of lavatory or kitchen faucets adopted by the State of Rhode Island prior to October 24, 1992;
(6) is a regulation (or portion thereof) concerning the water efficiency or water use of gravity tank-type low consumption water closets for installation in public places, except that such a regulation shall be effective only until January 1, 1997; or
(7)(A) is a regulation concerning standards for commercial prerinse spray valves adopted by the California Energy Commission before January 1, 2005; or
(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations with changes in American Society for Testing and Materials Standard F2324;
(8)(A) is a regulation concerning standards for pedestrian modules adopted by the California Energy Commission before January 1, 2005; or
(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations to changes in the Institute for Transportation Engineers standards, entitled "Performance Specification: Pedestrian Traffic Control Signal Indications"; and
(9) is a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission on or before January 1, 2011, except that—
(A) if the Secretary fails to issue a final rule within 180 days after the deadlines for rulemakings in
(i) on or before July 1, 2015, if the Secretary fails to meet the deadline specified in
(ii) on or before July 1, 2022, if the Secretary fails to meet the deadline specified in
(d) Waiver of Federal preemption
(1)(A) Any State or river basin commission with a State regulation which provides for any energy conservation standard or other requirement with respect to energy use, energy efficiency, or water use for any type (or class) of covered product for which there is a Federal energy conservation standard under
(B) Subject to paragraphs (2) through (5), the Secretary shall, within the period described in paragraph (2) and after consideration of the petition and the comments of interested persons, prescribe such rule if the Secretary finds (and publishes such finding) that the State or river basin commission has established by a preponderance of the evidence that such State regulation is needed to meet unusual and compelling State or local energy or water interests.
(C) For purposes of this subsection, the term "unusual and compelling State or local energy or water interests" means interests which—
(i) are substantially different in nature or magnitude than those prevailing in the United States generally; and
(ii) are such that the costs, benefits, burdens, and reliability of energy or water savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy or water savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all products subject to the State regulation.
The factors described in clause (ii) shall be evaluated within the context of the State's energy plan and forecast, and, with respect to a State regulation for which a petition has been submitted to the Secretary which provides for any energy conservation standard or requirement with respect to water use of a covered product, within the context of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the State or river basin commission for improving, developing, or conserving a waterway affected by water supply development.
(2) The Secretary shall give notice of any petition filed under paragraph (1)(A) and afford interested persons a reasonable opportunity to make written comments, including rebuttal comments, thereon. The Secretary shall, within the 6-month period beginning on the date on which any such petition is filed, deny such petition or prescribe the requested rule, except that the Secretary may publish a notice in the Federal Register extending such period to a date certain but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for delay. In the case of any denial of a petition under this subsection, the Secretary shall publish in the Federal Register notice of, and the reasons for, such denial.
(3) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested persons have established, by a preponderance of the evidence, that such State regulation will significantly burden manufacturing, marketing, distribution, sale, or servicing of the covered product on a national basis. In determining whether to make such finding, the Secretary shall evaluate all relevant factors, including—
(A) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others;
(B) the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or lessen competition in the sale of the covered product in the State;
(C) the extent to which the State regulation would cause a burden to manufacturers to redesign and produce the covered product type (or class), taking into consideration the extent to which the regulation would result in a reduction—
(i) in the current models, or in the projected availability of models, that could be shipped on the effective date of the regulation to the State and within the United States; or
(ii) in the current or projected sales volume of the covered product type (or class) in the State and the United States; and
(D) the extent to which the State regulation is likely to contribute significantly to a proliferation of State appliance efficiency requirements and the cumulative impact such requirements would have.
(4) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested persons have established, by a preponderance of the evidence, that the State regulation is likely to result in the unavailability in the State of 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 State at the time of the Secretary's finding, except that the failure of some classes (or types) to meet this criterion shall not affect the Secretary's determination of whether to prescribe a rule for other classes (or types).
(5) No final rule prescribed by the Secretary under this subsection may—
(A) permit any State regulation to become effective with respect to any covered product manufactured within three years after such rule is published in the Federal Register or within five years if the Secretary finds that such additional time is necessary due to the substantial burdens of retooling, redesign, or distribution needed to comply with the State regulation; or
(B) become effective with respect to a covered product manufactured before the earliest possible effective date specified in
(i) there exists within the State an energy emergency condition or, if the State regulation provides for an energy conservation standard or other requirement with respect to the water use of a covered product for which there is a Federal energy conservation standard under subsection (j) or (k) of
(I) imperils the health, safety, and welfare of its residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy or, in the case of a water emergency condition, water or wastewater treatment, to its residents at less than prohibitive costs; and
(II) cannot be substantially alleviated by the importation of energy or, in the case of a water emergency condition, by the importation of water, or by the use of interconnection agreements; and
(ii) the State regulation is necessary to alleviate substantially such condition.
(6) In any case in which a State is issued a rule under paragraph (1) with respect to a covered product and subsequently a Federal energy conservation standard concerning such product is amended pursuant to
(e) Exception for certain State procurement standards
Any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such standards are more stringent than the corresponding Federal energy conservation standards.
(f) Exception for certain building code requirements
(1) A regulation or other requirement enacted or prescribed before January 8, 1987, that is contained in a State or local building code for new construction concerning the energy efficiency or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under
(2) A regulation or other requirement, or revision thereof, enacted or prescribed on or after January 8, 1987, that is contained in a State or local building code for new construction concerning the energy efficiency or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under
(A) the applicable minimum efficiency requirement in a national voluntary consensus standard; or
(B) the minimum energy efficiency level in a regulation or other requirement of the State meeting the requirements of subsection (b)(1) or (b)(5),
whichever is higher.
(3) Effective on the effective date of an energy conservation standard for a covered product established in or prescribed under
(A) The code permits a builder to meet an energy consumption or conservation objective for a building by selecting items whose combined energy efficiencies meet the objective.
(B) The code does not require that the covered product have an energy efficiency exceeding the applicable energy conservation standard established in or prescribed under
(C) The credit to the energy consumption or conservation objective allowed by the code for installing covered products having energy efficiencies exceeding such energy conservation standard established in or prescribed under
(D) If the code uses one or more baseline building designs against which all submitted building designs are to be evaluated and such baseline building designs contain a covered product subject to an energy conservation standard established in or prescribed under
(E) If the code sets forth one or more optional combinations of items which meet the energy consumption or conservation objective, for every combination which includes a covered product the efficiency of which exceeds either standard or level referred to in subparagraph (D), there also shall be at least one combination which includes such covered product the efficiency of which does not exceed such standard or level by more than 5 percent, except that at least one combination shall include such covered product the efficiency of which meets but does not exceed such standard.
(F) The energy consumption or conservation objective is specified in terms of an estimated total consumption of energy (which may be calculated from energy loss- or gain-based codes) utilizing an equivalent amount of energy (which may be specified in units of energy or its equivalent cost).
(G) The estimated energy use of any covered product permitted or required in the code, or used in calculating the objective, is determined using the applicable test procedures prescribed under
(4)(A) Subject to subparagraph (B), a State or local government is not required to submit a petition to the Secretary in order to enforce or apply its building code or to establish that the code meets the conditions set forth in this subsection.
(B) If a building code requires the installation of covered products with efficiencies exceeding both the applicable Federal standard established in or prescribed under
(g) No warranty
Any disclosure with respect to energy use, energy efficiency, or estimated annual operating cost which is required to be made under the provisions of this part shall not create an express or implied warranty under State or Federal law that such energy efficiency will be achieved or that such energy use or estimated annual operating cost will not be exceeded under conditions of actual use.
(
Editorial Notes
Amendments
2012—Subsec. (b)(1)(B).
2007—Subsec. (b)(1).
Subsec. (c)(9).
2005—Subsec. (c)(7), (8).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (b)(7).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(4) to (6).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C).
Subsec. (d)(5)(B)(i).
"(I) imperils the health, safety, and welfare of its residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy to its residents at less than prohibitive costs; and
"(II) cannot be substantially alleviated by the importation of energy or the use of interconnection agreements; and".
1988—Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (c)(1).
1987—
1978—Subsec. (a)(2).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
§6298. Rules
The Commission and the Secretary may each issue such rules as each deems necessary to carry out the provisions of this part.
(
Editorial Notes
Amendments
1978—
§6299. Authority to obtain information
(a) In general
For purposes of carrying out this part, the Commission and the Secretary may each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or refusal to obey a subpena served, upon any persons subject to this part, the Commission and the Secretary may each seek an order from the district court of the United States for any district in which such person is found or resides or transacts business requiring such person to appear and give testimony, or to appear and produce documents. Failure to obey any such order is punishable by such court as a contempt thereof.
(b) Confidentiality
Any information submitted by any person to the Secretary or the Commission under this part shall not be considered energy information as defined by
(
Editorial Notes
Amendments
1987—
1978—
§6300. Exports
This part shall not apply to any covered product if (1) such covered product is manufactured, sold, or held for sale for export from the United States (or such product was imported for export), unless such product is in fact distributed in commerce for use in the United States, and (2) such covered product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such covered product is intended for export.
(
§6301. Imports
Any covered product offered for importation in violation of
(
§6302. Prohibited acts
(a) In general
It shall be unlawful—
(1) for any manufacturer or private labeler to distribute in commerce any new covered product to which a rule under
(2) for any manufacturer, distributor, retailer, or private labeler to remove from any new covered product or render illegible any label required to be provided with such product under a rule under
(3) for any manufacturer to fail to permit access to, or copying of, records required to be supplied under this part, or fail to make reports or provide other information required to be supplied under this part;
(4) for any person to fail to comply with an applicable requirement of
(5) for any manufacturer or private labeler to distribute in commerce any new covered product which is not in conformity with an applicable energy conservation standard established in or prescribed under this part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard;
(6) for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product;
(7) for any manufacturer, distributor, retailer, or private labeler to distribute in commerce an adapter that—
(A) is designed to allow an incandescent lamp that does not have a medium screw base to be installed into a fixture or lampholder with a medium screw base socket; and
(B) is capable of being operated at a voltage range at least partially within 110 and 130 volts; or
(8) for any person—
(A) to activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program;
(B) to distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program;
(C) to otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; or
(D) to knowingly remove or render illegible the label of a grid-enabled water heater described in
(b) "New covered product" defined
For purposes of this section, the term "new covered product" means a covered product the title of which has not passed to a purchaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year.
(
Editorial Notes
Amendments
2015—Subsec. (a)(6) to (8).
2007—Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
1987—Subsec. (a).
Subsec. (a)(5).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§6303. Enforcement
(a) In general
Except as provided in subsection (c), any person who knowingly violates any provision of
(b) "Knowingly" defined
As used in subsection (a), the term "knowingly" means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care.
(c) Special rule
It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of
(d) Procedure for assessing penalty
(1) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment.
(2)(A) Unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to
(B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with
(3)(A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty.
(B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment.
(C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary.
(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review.
(5)(A) Notwithstanding the provisions of title 28 or
(B) Subject to the provisions of
(C)
(6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of
(
Editorial Notes
Amendments
2015—Subsec. (a).
1987—
1978—Subsec. (a).
Subsec. (c).
Subsec. (d).
§6304. Injunctive enforcement
The United States district courts shall have jurisdiction to restrain (1) any violation of
(
Editorial Notes
Amendments
2015—
2007—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§6305. Citizen suits
(a) Civil actions; jurisdiction
Except as otherwise provided in subsection (b), any person may commence a civil action against—
(1) any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part;
(2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary; or
(3) the Secretary in any case in which there is an alleged failure of the Secretary to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in
The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, or order such Federal agency to perform such act or duty, as the case may be. The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in
(b) Limitation
No action may be commenced—
(1) under subsection (a)(1)—
(A) prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Secretary, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or
(B) if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right.
(2) under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Secretary and Commission.
Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule.
(c) Right to intervene
In such action under this section, the Secretary or the Commission (or both), if not a party, may intervene as a matter of right.
(d) Award of costs of litigation
The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
(e) Preservation of other relief
Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the Secretary or the Commission).
(f) Compliance in good faith
For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.
(
Editorial Notes
Amendments
1987—Subsec. (a).
Subsecs. (b) to (f).
1978—Subsec. (a).
Subsecs. (b), (c), (e).
§6306. Administrative procedure and judicial review
(a) Procedure for prescription of rules
(1) In addition to the requirements of
(2) In the case of a rule prescribed under
(A) other interested persons who have made oral presentations; and
(B) employees of the United States who have made written or oral presentations with respect to disputed issues of material fact.
Such opportunity shall be afforded to the extent the Secretary determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues.
(3) A transcript shall be kept of any oral presentations made under this subsection.
(b) Petition by persons adversely affected by rules; effect on other laws
(1) Any person who will be adversely affected by a rule prescribed under
(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule in accordance with
(3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in
(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law.
(5) The procedures applicable under this part shall not—
(A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein); or
(B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms by referring to this part and declaring that such provision supersedes, in whole or in part, the procedures of this part.
(c) Jurisdiction
Jurisdiction is vested in the Federal district courts of the United States over actions brought by—
(1) any adversely affected person to determine whether a State or local government is complying with the requirements of this part; and
(2) any person who files a petition under
(
Editorial Notes
Amendments
1998—Subsec. (c)(2).
1987—Subsec. (a).
"(1) interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule, and
"(2) in the case of a rule under
"(A) other interested persons who have made oral presentations under paragraph (1), and
"(B) employees of the United States who have made written or oral presentations,
with respect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Secretary determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues.
A transcript shall be kept of any oral presentations made under this subsection."
Subsec. (b).
"(1) Any person who will be adversely affected by a rule prescribed under
"(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule in accordance with
"(3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in
"(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law."
Subsec. (c).
"(1) Titles IV and V of the Department of Energy Organization Act shall not apply with respect to the procedures under this part.
"(2) The procedures applicable under this part shall not—
"(A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein), or
"(B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms, referring to this part, and declaring that such provision supersedes, in whole or in part, the procedures of this part."
1978—Subsec. (a).
Par. (2), which provided that subsecs. (c) and (d) of
Subsec. (b).
Subsec. (c).
§6307. Consumer education
(a) In general
The Secretary shall, in close cooperation and coordination with the Commission and appropriate industry trade associations and industry members, including retailers, and interested consumer and environmental organizations, carry out a program to educate consumers and other persons with respect to—
(1) the significance of estimated annual operating costs;
(2) the way in which comparative shopping, including comparisons of estimated annual operating costs, can save energy for the Nation and money for consumers; and
(3) such other matters as the Secretary determines may encourage the conservation of energy in the use of consumer products.
Such steps to educate consumers may include publications, audiovisual presentations, demonstrations, and the sponsorship of national and regional conferences involving manufacturers, distributors, retailers, and consumers, and State, local, and Federal Government representatives. Nothing in this section may be construed to require the compilation of lists which compare the estimated annual operating costs of consumer products by model or manufacturer's name.
(b) State and local incentive programs
(1) The Secretary shall, not later than one year after October 24, 1992, issue recommendations to the States for establishing State and local incentive programs designed to encourage the acceleration of voluntary replacement, by consumers, of existing showerheads, faucets, water closets, and urinals with those products that meet the standards established for such products pursuant to subsections (j) and (k) of
(2) In developing such recommendations, the Secretary shall consult with the heads of other federal 1 agencies, including the Administrator of the Environmental Protection Agency; State officials; manufacturers, suppliers, and installers of plumbing products; and other interested parties.
(c) HVAC maintenance
(1) To ensure that installed air conditioning and heating systems operate at maximum rated efficiency levels, the Secretary shall, not later than 180 days after August 8, 2005, carry out a program to educate homeowners and small business owners concerning the energy savings from properly conducted maintenance of air conditioning, heating, and ventilating systems.
(2) The Secretary shall carry out the program under paragraph (1), on a cost-shared basis, in cooperation with the Administrator of the Environmental Protection Agency and any other entities that the Secretary determines to be appropriate, including industry trade associations, industry members, and energy efficiency organizations.
(d) Small business education and assistance
(1) The Administrator of the Small Business Administration, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall develop and coordinate a Government-wide program, building on the Energy Star for Small Business Program, to assist small businesses in—
(A) becoming more energy efficient;
(B) understanding the cost savings from improved energy efficiency;
(C) understanding and accessing Federal procurement opportunities with regard to Energy Star technologies and products; and
(D) identifying financing options for energy efficiency upgrades.
(2) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration shall—
(A) make program information available to small business concerns directly through the district offices and resource partners of the Small Business Administration, including small business development centers, women's business centers, and the Service Corps of Retired Executives (SCORE), and through other Federal agencies, including the Federal Emergency Management Agency and the Department of Agriculture; and
(B) coordinate assistance with the Secretary of Commerce for manufacturing-related efforts, including the Manufacturing Extension Partnership Program.
(3) The Secretary, on a cost shared basis in cooperation with the Administrator of the Environmental Protection Agency, shall provide to the Small Business Administration all advertising, marketing, and other written materials necessary for the dissemination of information under paragraph (2).
(4) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration, as part of the outreach to small business concerns under the Energy Star Program for Small Business Program, may enter into cooperative agreements with qualified resources partners (including the National Center for Appropriate Technology) to establish, maintain, and promote a Small Business Energy Clearinghouse (in this subsection referred to as the "Clearinghouse").
(5) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration shall ensure that the Clearinghouse provides a centralized resource where small business concerns may access, telephonically and electronically, technical information and advice to help increase energy efficiency and reduce energy costs.
(6) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
(
Editorial Notes
Amendments
2005—Subsecs. (c), (d).
1992—
1978—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
1 So in original. Probably should be capitalized.
§6308. Annual report
The Secretary shall report to the Congress and the President either (1) as part of his annual report, or (2) in a separate report submitted annually, on the progress of the program undertaken pursuant to this part and on the energy savings impact of this part. Each such report shall specify the actions undertaken by the Secretary in carrying out this part during the period covered by such report, and those actions which the Secretary was required to take under this part during such period but which were not taken, together with the reasons therefor. Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part.
(
Editorial Notes
Amendments
1987—
1978—
§6309. Authorization of appropriations
(a) Authorizations for Secretary
There are authorized to be appropriated to the Secretary not more than the following amounts to carry out his responsibilities under this part—
(1) $1,700,000 for fiscal year 1976;
(2) $1,500,000 for fiscal year 1977;
(3) $3,300,000 for fiscal year 1978; and
(4) $10,000,000 for fiscal year 1979.
Amounts authorized for such purposes under paragraph (3) shall be in addition to amounts otherwise authorized and appropriated for such purposes.
(b) Authorizations for Commission
There are authorized to be appropriated to the Commission not more than the following amounts to carry out its responsibilities under this part—
(1) $650,000 for fiscal year 1976;
(2) $700,000 for fiscal year 1977;
(3) $700,000 for fiscal year 1978; and
(3) 1 $2,000,000 for fiscal year 1979.
(c) Other authorizations
There are authorized to be appropriated to the Secretary to be allocated not more than the following amounts—
(1) $1,100,000 for fiscal year 1976;
(2) $2,500,000 for fiscal year 1977; and
(3) $1,800,000 for fiscal year 1978.
Such amounts shall, and any amounts authorized to be appropriated under subsection (a), may be allocated by the Secretary to the National Institute of Standards and Technology.
(
Editorial Notes
Amendments
1988—Subsec. (c).
1987—
1978—Subsec. (a).
Subsec. (b)(3).
Subsec. (c).
1977—Subsec. (c)(2).
Subsec. (c)(3).
1 So in original. Probably should be designated "(4)".
Part A– 1—Certain Industrial Equipment
Editorial Notes
Codification
This part was, in the original, designated part C and has been changed to part A–1 for purposes of codification.
§6311. Definitions
For purposes of this part—
(1) The term "covered equipment" means one of the following types of industrial equipment:
(A) Electric motors and pumps.
(B) Small commercial package air conditioning and heating equipment.
(C) Large commercial package air conditioning and heating equipment.
(D) Very large commercial package air conditioning and heating equipment.
(E) Commercial refrigerators, freezers, and refrigerator-freezers.
(F) Automatic commercial ice makers.
(G) Walk-in coolers and walk-in freezers.
(H) Commercial clothes washers.
(I) Packaged terminal air-conditioners and packaged terminal heat pumps.
(J) Warm air furnaces and packaged boilers.
(K) Storage water heaters, instantaneous water heaters, and unfired hot water storage tanks.
(L) Any other type of industrial equipment which the Secretary classifies as covered equipment under
(2)(A) The term "industrial equipment" means any article of equipment referred to in subparagraph (B) of a type—
(i) which in operation consumes, or is designed to consume, energy;
(ii) which, to any significant extent, is distributed in commerce for industrial or commercial use; and
(iii) which is not a "covered product" as defined in
without regard to whether such article is in fact distributed in commerce for industrial or commercial use.
(B) The types of equipment referred to in this subparagraph (in addition to electric motors and pumps, commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, packaged terminal air-conditioners, packaged terminal heat pumps, warm air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks) are as follows:
(i) compressors;
(ii) fans;
(iii) blowers;
(iv) refrigeration equipment;
(v) electric lights and lighting power supply circuits;
(vi) electrolytic equipment;
(vii) electric arc equipment;
(viii) steam boilers;
(ix) ovens;
(x) kilns;
(xi) evaporators;
(xii) dryers; and
(xiii) other motors.
(3) The term "energy efficiency" means the ratio of the useful output of services from an article of industrial equipment to the energy use by such article, determined in accordance with test procedures under
(4) The term "energy use" means the quantity of energy directly consumed by an article of industrial equipment at the point of use, determined in accordance with test procedures established under
(5) The term "manufacturer" means any person who manufactures industrial equipment.
(6) The term "label" may include any printed matter determined appropriate by the Secretary.
(7) The terms "energy", "manufacture", "import", "importation", "consumer product", "distribute in commerce", "distribution in commerce", and "commerce" have the same meaning as is given such terms in
(8)(A) The term "commercial package air conditioning and heating equipment" means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application.
(B) The term "small commercial package air conditioning and heating equipment" means commercial package air conditioning and heating equipment that is rated below 135,000 Btu per hour (cooling capacity).
(C) The term "large commercial package air conditioning and heating equipment" means commercial package air conditioning and heating equipment that is rated—
(i) at or above 135,000 Btu per hour; and
(ii) below 240,000 Btu per hour (cooling capacity).
(D) The term "very large commercial package air conditioning and heating equipment" means commercial package air conditioning and heating equipment that is rated—
(i) at or above 240,000 Btu per hour; and
(ii) below 760,000 Btu per hour (cooling capacity).
(9)(A) The term "commercial refrigerator, freezer, and refrigerator-freezer" means refrigeration equipment that—
(i) is not a consumer product (as defined in
(ii) is not designed and marketed exclusively for medical, scientific, or research purposes;
(iii) operates at a chilled, frozen, combination chilled and frozen, or variable temperature;
(iv) displays or stores merchandise and other perishable materials horizontally, semivertically, or vertically;
(v) has transparent or solid doors, sliding or hinged doors, a combination of hinged, sliding, transparent, or solid doors, or no doors;
(vi) is designed for pull-down temperature applications or holding temperature applications; and
(vii) is connected to a self-contained condensing unit or to a remote condensing unit.
(B) The term "holding temperature application" means a use of commercial refrigeration equipment other than a pull-down temperature application, except a blast chiller or freezer.
(C) The term "integrated average temperature" means the average temperature of all test package measurements taken during the test.
(D) The term "pull-down temperature application" means a commercial refrigerator with doors that, when fully loaded with 12 ounce beverage cans at 90 degrees F, can cool those beverages to an average stable temperature of 38 degrees F in 12 hours or less.
(E) The term "remote condensing unit" means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located from the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.
(F) The term "self-contained condensing unit" means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.
(10)(A) The term "packaged terminal air conditioner" means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builder's choice of hot water, steam, or electricity.
(B) The term "packaged terminal heat pump" means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat.
(11)(A) The term "warm air furnace" means a self-contained oil- or gas-fired furnace designed to supply heated air through ducts to spaces that require it and includes combination warm air furnace/electric air conditioning units but does not include unit heaters and duct furnaces.
(B) The term "packaged boiler" means a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls; usually shipped in one or more sections.
(12)(A) The term "storage water heater" means a water heater that heats and stores water within the appliance at a thermostatically controlled temperature for delivery on demand. Such term does not include units with an input rating of 4000 Btu per hour or more per gallon of stored water.
(B) The term "instantaneous water heater" means a water heater that has an input rating of at least 4000 Btu per hour per gallon of stored water.
(C) The term "unfired hot water storage tank" means a tank used to store water that is heated externally.
(13)
(A)
(B)
(i) A U-Frame Motor.
(ii) A Design C Motor.
(iii) A close-coupled pump motor.
(iv) A Footless motor.
(v) A vertical solid shaft normal thrust motor (as tested in a horizontal configuration).
(vi) An 8-pole motor (900 rpm).
(vii) A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts.1
(C) The term "definite purpose motor" means any motor designed in standard ratings with standard operating characteristics or standard mechanical construction for use under service conditions other than usual or for use on a particular type of application and which cannot be used in most general purpose applications.
(D) The term "special purpose motor" means any motor, other than a general purpose motor or definite purpose motor, which has special operating characteristics or special mechanical construction, or both, designed for a particular application.
(E) The term "open motor" means a motor having ventilating openings which permit passage of external cooling air over and around the windings of the machine.
(F) The term "enclosed motor" means a motor so enclosed as to prevent the free exchange of air between the inside and outside of the case but not sufficiently enclosed to be termed airtight.
(G) The term "small electric motor" means a NEMA general purpose alternating current single-speed induction motor, built in a two-digit frame number series in accordance with NEMA Standards Publication MG1–1987.
(H) The term "efficiency" when used with respect to an electric motor means the ratio of an electric motor's useful power output to its total power input, expressed in percentage.
(I) The term "nominal full load efficiency" means the average efficiency of a population of motors of duplicate design as determined in accordance with NEMA Standards Publication MG1–1987.
(14) The term "ASHRAE" means the American Society of Heating, Refrigerating, and Air Conditioning Engineers.
(15) The term "IES" means the Illuminating Engineering Society of North America.
(16) The term "NEMA" means the National Electrical Manufacturers Association.
(17) The term "IEEE" means the Institute of Electrical and Electronics Engineers.
(18) The term "energy conservation standard" means—
(A) a performance standard that prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a product; or
(B) a design requirement for a product.
(19) The term "automatic commercial ice maker" means a factory-made assembly (not necessarily shipped in one package) that—
(A) consists of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice; and
(B) may include means for storing ice, dispensing ice, or storing and dispensing ice.
(20)
(A)
(B)
(21) The term "commercial clothes washer" means a soft-mount front-loading or soft-mount top-loading clothes washer that—
(A) has a clothes container compartment that—
(i) for horizontal-axis clothes washers, is not more than 3.5 cubic feet; and
(ii) for vertical-axis clothes washers, is not more than 4.0 cubic feet; and
(B) is designed for use in—
(i) applications in which the occupants of more than one household will be using the clothes washer, such as multi-family housing common areas and coin laundries; or
(ii) other commercial applications.
(22) 2 The term "harvest rate" means the amount of ice (at 32 degrees F) in pounds produced per 24 hours.
(22) 2
(A) is factory-assembled as a single package that—
(i) has major components that are arranged vertically;
(ii) is an encased combination of cooling and optional heating components; and
(iii) is intended for exterior mounting on, adjacent interior to, or through an outside wall;
(B) is powered by a single- or 3-phase current;
(C) may contain 1 or more separate indoor grilles, outdoor louvers, various ventilation options, indoor free air discharges, ductwork, well plenum, or sleeves; and
(D) has heating components that may include electrical resistance, steam, hot water, or gas, but may not include reverse cycle refrigeration as a heating means.
(23)
(A) uses reverse cycle refrigeration as its primary heat source; and
(B) may include secondary supplemental heating by means of electrical resistance, steam, hot water, or gas.
(
Editorial Notes
Amendments
2018—Par. (2)(B)(v).
2012—Par. (2)(B)(xiii).
2007—Par. (1)(G) to (L).
Par. (13).
Pars. (20), (21).
Par. (22).
Par. (23).
2005—Par. (1)(D) to (K).
Par. (2)(B).
Pars. (8), (9).
"(8) The term 'small commercial package air conditioning and heating equipment' means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated below 135,000 Btu per hour (cooling capacity).
"(9) The term 'large commercial package air conditioning and heating equipment' means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated at or above 135,000 Btu per hour and below 240,000 Btu per hour (cooling capacity)."
Pars. (19) to (21).
1992—Par. (1)(B) to (G).
Par. (2)(B).
Par. (3).
Pars. (8) to (18).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Extended Product System Rebate Program
"(a)
"(1)
"(2)
"(A) a power converter; or
"(B) a combination of a power circuit and control circuit included on 1 chassis.
"(3)
"(A) offers variable speed or multispeed operation;
"(B) offers partial load control that reduces input energy requirements (as measured in kilowatt-hours) as compared to identified base levels set by the Secretary of Energy (in this section referred to as the 'Secretary'); and
"(C)(i) has greater than 1 horsepower; and
"(ii) uses an extended product system technology, as determined by the Secretary.
"(4)
"(A)
"(i) includes an electric motor and an electronic control; and
"(ii) reduces the input energy (as measured in kilowatt-hours) required to operate the extended product system by not less than 5 percent, as compared to identified base levels set by the Secretary.
"(B)
"(i)(I) did not previously make use of the extended product system prior to the redesign described in subclause (II); and
"(II) incorporates an extended product system that has greater than 1 horsepower into redesigned machinery or equipment; and
"(ii) was previously used prior to, and was placed back into service during, calendar year 2021 or 2022.
"(b)
"(c)
"(1)
"(A) in the case of a qualified extended product system described in subsection (a)(4)(A), the purchaser of the qualified extended product that is installed; and
"(B) in the case of a qualified extended product system described in subsection (a)(4)(B), the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment.
"(2)
"(A) an application in such form, at such time, and containing such information as the Secretary may require; and
"(B) a certification that includes demonstrated evidence—
"(i) that the entity is a qualified entity; and
"(ii)(I) in the case of a qualified entity described in paragraph (1)(A)—
"(aa) that the qualified entity installed the qualified extended product system during the 2 fiscal years following the date of enactment of this Act;
"(bb) that the qualified extended product system meets the requirements of subsection (a)(4)(A); and
"(cc) showing the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed; or
"(II) in the case of a qualified entity described in paragraph (1)(B), demonstrated evidence—
"(aa) that the qualified extended product system meets the requirements of subsection (a)(4)(B); and
"(bb) showing the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated.
"(d)
"(1)
"(A) an amount equal to the sum of the nameplate rated horsepower of—
"(i) the electric motor to which the qualified extended product system is attached; and
"(ii) the electronic control; and
"(B) $25.
"(2)
"(e)
1 So in original. A closing parenthesis probably should follow "volts".
2 So in original. Two pars. (22) have been enacted.
§6312. Purposes and coverage
(a) Congressional statement of purpose
It is the purpose of this part to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation.
(b) Inclusion of industrial equipment as covered equipment
The Secretary may, by rule, include a type of industrial equipment as covered equipment if he determines that to do so is necessary to carry out the purposes of this part.
(c) Inclusion of component parts of consumer products as industrial equipment
The Secretary may, by rule, include as industrial equipment articles which are component parts of consumer products, if he determines that—
(1) such articles are, to a significant extent, distributed in commerce other than as component parts for consumer products; and
(2) such articles meet the requirements of
(
§6313. Standards
(a) Small, large, and very large commercial package air conditioning and heating equipment, packaged terminal air conditioners and heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks
(1) Each small commercial package air conditioning and heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 1994, shall meet the following standard levels:
(A) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 10.0.
(B) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 9.7.
(C) The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 8.9 (at a standard rating of 95 degrees F db).
(D) The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 6.8.
(E) The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 6.6.
(F) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.0 (at a high temperature rating of 47 degrees F db).
(G) The minimum energy efficiency ratio of water-cooled, evaporatively-cooled and water-source central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity) shall be 9.3 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water-source and water-cooled equipment).
(H) The minimum energy efficiency ratio of water-cooled, evaporatively-cooled and water-source central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 10.5 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water source and water-cooled equipment).
(I) The minimum coefficient of performance in the heating mode of water-source heat pumps less than 135,000 Btu per hour (cooling capacity) shall be 3.8 (at a standard rating of 70 degrees Fahrenheit entering water).
(2) Each large commercial package air conditioning and heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 1995, but before January 1, 2010, shall meet the following standard levels:
(A) The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 8.5 (at a standard rating of 95 degrees F db).
(B) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 2.9.
(C) The minimum energy efficiency ratio of water- and evaporatively-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 9.6 (according to ARI Standard 360–86).
(3) Each packaged terminal air conditioner and packaged terminal heat pump manufactured on or after January 1, 1994, shall meet the following standard levels:
(A) The minimum energy efficiency ratio (EER) of packaged terminal air conditioners and packaged terminal heat pumps in the cooling mode shall be 10.0 — (0.16 x Capacity [in thousands of Btu per hour at a standard rating of 95 degrees F db, outdoor temperature]). If a unit has a capacity of less than 7,000 Btu per hour, then 7,000 Btu per hour shall be used in the calculation. If a unit has a capacity of greater than 15,000 Btu per hour, then 15,000 Btu per hour shall be used in the calculation.
(B) The minimum coefficient of performance (COP) of packaged terminal heat pumps in the heating mode shall be 1.3 + (0.16 x the minimum cooling EER as specified in subparagraph (A)) (at a standard rating of 47 degrees F db).
(4) Each warm air furnace and packaged boiler manufactured on or after January 1, 1994, shall meet the following standard levels:
(A) The minimum thermal efficiency at the maximum rated capacity of gas-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 80 percent.
(B) The minimum thermal efficiency at the maximum rated capacity of oil-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 81 percent.
(C) The minimum combustion efficiency at the maximum rated capacity of gas-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 80 percent.
(D) The minimum combustion efficiency at the maximum rated capacity of oil-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 83 percent.
(5) Each storage water heater, instantaneous water heater, and unfired water storage tank manufactured on or after January 1, 1994, shall meet the following standard levels:
(A) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of electric storage water heaters shall be 0.30 + (27/Measured Storage Volume [in gallons]).
(B) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of 155,000 Btu per hour or less shall be 1.30 + (114/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent.
(C) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of more than 155,000 Btu per hour shall be 1.30 + (95/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent.
(D) The minimum thermal efficiency of instantaneous water heaters with a storage volume of less than 10 gallons shall be 80 percent.
(E) Except as provided in subparagraph (G), the minimum thermal efficiency of instantaneous water heaters with a storage volume of 10 gallons or more shall be 77 percent. The maximum standby loss, in percent/hour, of such units shall be 2.30 + (67/Measured Storage Volume [in gallons]).
(F) Except as provided in subparagraph (G), the maximum heat loss of unfired hot water storage tanks shall be 6.5 Btu per hour per square foot of tank surface area.
(G) Storage water heaters and hot water storage tanks having more than 140 gallons of storage capacity need not meet the standby loss or heat loss requirements specified in subparagraphs (A) through (C) and subparagraphs (E) and (F) if the tank surface area is thermally insulated to R–12.5 and if a standing pilot light is not used.
(6)
(A)
(i)
(ii)
(I)
(II)
(B)
(i)
(ii)
(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)
(I)
(II)
(aa)
(bb)
(C)
(i)
(I) 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 subparagraph (A); or
(II) a notice of proposed rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B).
(ii)
(I) publish a notice stating that the analysis of the Department is publicly available; and
(II) provide an opportunity for written comment.
(iii)
(I)
(II)
(iv)
(I) the date that is 3 years after publication of the final rule establishing a new standard; or
(II) the date that is 6 years after the effective date of the current standard for a covered product.
(v)
(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 December 18, 2012, the first notice required under clause (i) shall be published by December 31, 2013.
(D) A standard amended by the Secretary under this paragraph shall become effective for products manufactured—
(i) with respect to small commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, on or after a date which is two years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A); and
(ii) with respect to large commercial package air conditioning and heating equipment and very large commercial package air conditioning and heating equipment, on or after a date which is three years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A);
except that an energy conservation standard amended by the Secretary pursuant to a rule under subparagraph (B) shall become effective for products manufactured on or after a date which is four years after the date such rule is published in the Federal Register.
(7) Small commercial package air conditioning and heating equipment (other than single package vertical air conditioners and single package vertical heat pumps) shall meet the following standards:
(A) For equipment manufactured on or after January 1, 2010, the minimum energy efficiency ratio of air-cooled central air conditioners at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be—
(i) 11.2 for equipment with no heating or electric resistance heating; and
(ii) 11.0 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).
(B) For equipment manufactured on or after January 1, 2010, the minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be—
(i) 11.0 for equipment with no heating or electric resistance heating; and
(ii) 10.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).
(C) For equipment manufactured on or after January 1, 2010, the minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.3 (at a high temperature rating of 47 degrees F db).
(D) For equipment manufactured on or after the later of January 1, 2008, or the date that is 180 days after December 19, 2007—
(i) the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0;
(ii) the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0;
(iii) the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and
(iv) the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7.
(8) Large commercial package air conditioning and heating equipment (other than single package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 2010, shall meet the following standards:
(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be—
(i) 11.0 for equipment with no heating or electric resistance heating; and
(ii) 10.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).
(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be—
(i) 10.6 for equipment with no heating or electric resistance heating; and
(ii) 10.4 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).
(C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db).
(9) Very large commercial package air conditioning and heating equipment (other than single package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 2010, shall meet the following standards:
(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be—
(i) 10.0 for equipment with no heating or electric resistance heating; and
(ii) 9.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).
(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be—
(i) 9.5 for equipment with no heating or electric resistance heating; and
(ii) 9.3 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).
(C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db).
(10)
(A)
(i) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0.
(ii) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0.
(iii) The minimum energy efficiency ratio of single package vertical air conditioners at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9.
(iv) The minimum energy efficiency ratio of single package vertical air conditioners at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6.
(v) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.
(vi) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.
(vii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode shall be 3.0.
(viii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and the minimum coefficient of performance in the heating mode shall be 2.9.
(B)
(b) Electric motors
(1) Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (2),2 each electric motor manufactured (alone or as a component of another piece of equipment) after the 60-month period beginning on October 24, 1992, or in the case of an electric motor which requires listing or certification by a nationally recognized safety testing laboratory, after the 84-month period beginning on October 24, 1992, shall have a nominal full load efficiency of not less than the following:
| Number of poles | Nominal Full-Load Efficiency | |||||
|---|---|---|---|---|---|---|
| Open Motors | Closed Motors | |||||
| 6 | 4 | 2 | 6 | 4 | 2 | |
| Motor Horsepower | ||||||
| 1 | 80.0 | 82.5 | 80.0 | 82.5 | 75.5 | |
| 1.5 | 84.0 | 84.0 | 82.5 | 85.5 | 84.0 | 82.5 |
| 2 | 85.5 | 84.0 | 84.0 | 86.5 | 84.0 | 84.0 |
| 3 | 86.5 | 86.5 | 84.0 | 87.5 | 87.5 | 85.5 |
| 5 | 87.5 | 87.5 | 85.5 | 87.5 | 87.5 | 87.5 |
| 7.5 | 88.5 | 88.5 | 87.5 | 89.5 | 89.5 | 88.5 |
| 10 | 90.2 | 89.5 | 88.5 | 89.5 | 89.5 | 89.5 |
| 15 | 90.2 | 91.0 | 89.5 | 90.2 | 91.0 | 90.2 |
| 20 | 91.0 | 91.0 | 90.2 | 90.2 | 91.0 | 90.2 |
| 25 | 91.7 | 91.7 | 91.0 | 91.7 | 92.4 | 91.0 |
| 30 | 92.4 | 92.4 | 91.0 | 91.7 | 92.4 | 91.0 |
| 40 | 93.0 | 93.0 | 91.7 | 93.0 | 93.0 | 91.7 |
| 50 | 93.0 | 93.0 | 92.4 | 93.0 | 93.0 | 92.4 |
| 60 | 93.6 | 93.6 | 93.0 | 93.6 | 93.6 | 93.0 |
| 75 | 93.6 | 94.1 | 93.0 | 93.6 | 94.1 | 93.0 |
| 100 | 94.1 | 94.1 | 93.0 | 94.1 | 94.5 | 93.6 |
| 125 | 94.1 | 94.5 | 93.6 | 94.1 | 94.5 | 94.5 |
| 150 | 94.5 | 95.0 | 93.6 | 95.0 | 95.0 | 94.5 |
| 200 | 94.5 | 95.0 | 94.5 | 95.0 | 95.0 | 95.0 |
(2)
(A)
(B)
(C)
(D) NEMA
(3)(A) The Secretary may, by rule, provide that the standards specified in paragraph (1) shall not apply to certain types or classes of electric motors if—
(i) compliance with such standards would not result in significant energy savings because such motors cannot be used in most general purpose applications or are very unlikely to be used in most general purpose applications; and
(ii) standards for such motors would not be technologically feasible or economically justified.
(B) Not later than one year after October 24, 1992, a manufacturer seeking an exemption under this paragraph with respect to a type or class of electric motor developed on or before October 24, 1992, shall submit a petition to the Secretary requesting such exemption. Such petition shall include evidence that the type or class of motor meets the criteria for exemption specified in subparagraph (A).
(C) Not later than two years after October 24, 1992, the Secretary shall rule on each petition for exemption submitted pursuant to subparagraph (B). In making such ruling, the Secretary shall afford an opportunity for public comment.
(D) Manufacturers of types or classes of motors developed after October 24, 1992, to which standards under paragraph (1) would be applicable may petition the Secretary for exemptions from compliance with such standards based on the criteria specified in subparagraph (A).
(4)(A) The Secretary shall publish a final rule no later than the end of the 24-month period beginning on the effective date of the standards established under paragraph (1) to determine if such standards should be amended. Such rule shall provide that any amendment shall apply to electric motors manufactured on or after a date which is five years after the effective date of the standards established under paragraph (1).
(B) The Secretary shall publish a final rule no later than 24 months after the effective date of the previous final rule to determine whether to amend the standards in effect for such product. Any such amendment shall apply to electric motors 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.
(c) Commercial refrigerators, freezers, and refrigerator-freezers
(1) In this subsection:
(A) The term "AV" means the adjusted volume (ft3) (defined as 1.63 x frozen temperature compartment volume (ft3) + chilled temperature compartment volume (ft3)) with compartment volumes measured in accordance with the Association of Home Appliance Manufacturers Standard HRF1–1979.
(B) The term "V" means the chilled or frozen compartment volume (ft3) (as defined in the Association of Home Appliance Manufacturers Standard HRF1–1979).
(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 (ft2) of the refrigerated case, as defined in AHRI Standard 1200.
(E) Other terms have such meanings as may be established by the Secretary, based on industry-accepted definitions and practice.
(2) Each commercial refrigerator, freezer, and refrigerator-freezer with a self-contained condensing unit designed for holding temperature applications manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) that does not exceed the following:
| Refrigerators with solid doors | 0.10 V + 2.04 |
| Refrigerators with transparent doors | 0.12 V + 3.34 |
| Freezers with solid doors | 0.40 V + 1.38 |
| Freezers with transparent doors | 0.75 V + 4.10 |
| Refrigerators/freezers with solid doors the greater of | 0.27 AV – 0.71 or 0.70. |
(3) Each commercial refrigerator with a self-contained condensing unit designed for pull-down temperature applications and transparent doors manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) of not more than 0.126 V + 3.51.
(4)(A) 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 × TDA + 1.0.
(B) Not later than 3 years after December 18, 2012, the Secretary shall—
(i) determine whether the standard established under subparagraph (A) should be amended; and
(ii) if the Secretary determines that such standard should be amended, issue a final rule establishing an amended standard.
(C) If the Secretary issues a final rule pursuant to subparagraph (B) establishing an amended standard, the final rule shall provide that the amended standard shall apply to products manufactured on or after the date that is—
(i) 3 years after the date on which the final amended standard is published; or
(ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.
(5)(A) Not later than January 1, 2009, the Secretary shall issue, by rule, standard levels for ice-cream freezers, self-contained commercial refrigerators, freezers, and refrigerator-freezers without doors, and remote condensing commercial refrigerators, freezers, and refrigerator-freezers, with the standard levels effective for equipment manufactured on or after January 1, 2012.
(B) The Secretary may issue, by rule, standard levels for other types of commercial refrigerators, freezers, and refrigerator-freezers not covered by paragraph (2)(A) with the standard levels effective for equipment manufactured 3 or more years after the date on which the final rule is published.
(6)(A) Not later than January 1, 2013, the Secretary shall issue a final rule to determine whether the standards established under this subsection should be amended.
(B) Not later than 3 years after the effective date of any amended standards under subparagraph (A) or the publication of a final rule determining that the standards should not be amended, the Secretary shall issue a final rule to determine whether the standards established under this subsection or the amended standards, as applicable, should be amended.
(C) If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after the date that is—
(i) 3 years after the date on which the final amended standard is published; or
(ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.
(d) Automatic commercial ice makers
(1) Each automatic commercial ice maker that produces cube type ice with capacities between 50 and 2500 pounds per 24-hour period when tested according to the test standard established in
| Equipment Type | Type of Cooling | Harvest Rate (lbs ice/24 hours) | Maximum Energy Use (kWh/100 lbs Ice) | Maximum Condenser Water Use (gal/100 lbs Ice) |
|---|---|---|---|---|
| Ice Making Head | Water | <500 | 7.80–0.0055H | 200–0.022H |
| ≥500 and <1436 | 5.58–0.0011H | 200–0.022H | ||
| ≥1436 | 4.0 | 200–0.022H | ||
| Ice Making Head | Air | <450 | 10.26–0.0086H | Not Applicable |
| ≥450 | 6.89–0.0011H | Not Applicable | ||
| Remote Condensing (but not remote compressor) | Air | <1000 | 8.85–0.0038H | Not Applicable |
| ≥1000 | 5.10 | Not Applicable | ||
| Remote Condensing and Remote Compressor | Air | <934 | 8.85–0.0038H | Not Applicable |
| ≥934 | 5.3 | Not Applicable | ||
| Self Contained | Water | <200 | 11.40–0.019H | 191–0.0315H |
| ≥200 | 7.60 | 191–0.0315H | ||
| Self Contained | Air | <175 | 18.0–0.0469H | Not Applicable |
| ≥175 | 9.80 | Not Applicable |
H = Harvest rate in pounds per 24 hours.
Water use is for the condenser only and does not include potable water used to make ice.
(2)(A) The Secretary may issue, by rule, standard levels for types of automatic commercial ice makers that are not covered by paragraph (1).
(B) The standards established under subparagraph (A) shall apply to products manufactured on or after the date that is—
(i) 3 years after the date on which the rule is published under subparagraph (A); or
(ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.
(3)(A) Not later than January 1, 2015, with respect to the standards established under paragraph (1), and, with respect to the standards established under paragraph (2), not later than 5 years after the date on which the standards take effect, the Secretary shall issue a final rule to determine whether amending the applicable standards is technologically feasible and economically justified.
(B) Not later than 5 years after the effective date of any amended standards under subparagraph (A) or the publication of a final rule determining that amending the standards is not technologically feasible or economically justified, the Secretary shall issue a final rule to determine whether amending the standards established under paragraph (1) or the amended standards, as applicable, is technologically feasible or economically justified.
(C) If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after the date that is—
(i) 3 years after the date on which the final amended standard is published; or
(ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final amended standard is published.
(4) A final rule issued under paragraph (2) or (3) shall establish standards at the maximum level that is technically feasible and economically justified, as provided in subsections (o) and (p) of
(e) Commercial clothes washers
(1) Each commercial clothes washer manufactured on or after January 1, 2007, shall have—
(A) a Modified Energy Factor of at least 1.26; and
(B) a Water Factor of not more than 9.5.
(2)(A)(i) Not later than January 1, 2010, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.
(ii) The rule published under clause (i) shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is published.
(B)(i) Not later than January 1, 2015, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.
(ii) The rule published under clause (i) shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is published.
(f) Walk-in coolers and walk-in freezers
(1) In general
Subject to paragraphs (2) through (6), each walk-in cooler or walk-in freezer manufactured on or after January 1, 2009, shall—
(A) have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet;
(B) have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open;
(C) contain wall, ceiling, and door insulation of at least R–25 for coolers and R–32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members;
(D) contain floor insulation of at least R–28 for freezers;
(E) for evaporator fan motors of under 1 horsepower and less than 460 volts, use—
(i) electronically commutated motors (brushless direct current motors); or
(ii) 3-phase motors;
(F) for condenser fan motors of under 1 horsepower, use—
(i) electronically commutated motors;
(ii) permanent split capacitor-type motors; or
(iii) 3-phase motors; and
(G) for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people.
(2) Electronically commutated motors
(A) In general
The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 1 manufacturer.
(B) Other types of motors
In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary determines that, on average, those other motors use no more energy in evaporator fan applications than electronically commutated motors.
(C) Maximum energy consumption level
The Secretary shall establish the maximum energy consumption level under subparagraph (B) not later than January 1, 2010.
(3) Additional specifications
Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the following specifications:
(A) Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with either heat-reflective treated glass or gas fill.
(B) Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be—
(i) double-pane glass with heat-reflective treated glass and gas fill; or
(ii) triple-pane glass with either heat-reflective treated glass or gas fill.
(C) If the appliance has an antisweat heater without antisweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers).
(D) If the appliance has an antisweat heater with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater in a quantity corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.
(4) Performance-based standards
(A) In general
Not later than January 1, 2012, the Secretary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improvement in energy that the Secretary determines is technologically feasible and economically justified.
(B) Application
(i) In general
Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published.
(ii) Delayed effective date
If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.
(5) Amendment of standards
(A) In general
Not later than January 1, 2020, the Secretary shall publish a final rule to determine if the standards established under paragraph (4) should be amended.
(B) Application
(i) In general
Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published.
(ii) Delayed effective date
If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.
(6) Innovative component technologies
Subparagraph (C) of paragraph (1) shall not apply to a walk-in cooler or walk-in freezer component if the component manufacturer has demonstrated to the satisfaction of the Secretary that the component reduces energy consumption at least as much as if such subparagraph were to apply. In support of any demonstration under this paragraph, a manufacturer shall provide to the Secretary all data and technical information necessary to fully evaluate its application.
(g) Lighting power supply circuits
If the Secretary, acting pursuant to
(
Editorial Notes
References in Text
Paragraph (2), referred to in subsec. (b)(1), probably means par. (3), formerly par. (2), of subsec. (b) of this section, which was redesignated by
Amendments
2018—Subsec. (g).
2014—Subsec. (a)(6)(C)(v), (vi).
2012—Subsec. (a)(6)(A)(i).
Subsec. (a)(6)(B).
Subsec. (a)(6)(B)(ii).
Subsec. (a)(6)(B)(iii).
Subsec. (a)(6)(C)(i).
Subsec. (a)(6)(C)(iv).
Subsec. (a)(6)(C)(vi).
Subsec. (c)(1)(C) to (E).
Subsec. (c)(4) to (6).
Subsec. (f)(1).
Subsec. (f)(6).
2007—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(6).
Subsec. (a)(6)(B)(iii).
Subsec. (a)(7).
Subsec. (a)(7)(A) to (C).
Subsec. (a)(7)(D).
Subsec. (a)(8), (9).
Subsec. (a)(10).
Subsec. (b)(2) to (4).
Subsec. (f).
2005—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(6)(A).
Subsec. (a)(6)(C)(ii).
Subsec. (a)(7) to (9).
Subsecs. (c) to (e).
1992—
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by section 10(a)(3), (4) of
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be followed by "than".
2 See References in Text note below.
§6314. Test procedures
(a) Prescription by Secretary; requirements
(1)
(A) 1
(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or
(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.
(2) Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct.
(3) 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 in a representative average-use cycle (as determined by the Secretary), and from representative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respecting representative average unit costs of energy.
(4)(A) With respect to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks to which standards are applicable under
(B) If such an industry test procedure or rating procedure for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test procedure or rating procedure unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C) If the Secretary prescribes a rule containing such a determination, the rule may establish an amended test procedure for such product that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in
(5)(A) With respect to electric motors to which standards are applicable under
(B) If the test procedure requirements of NEMA Standards Publication MG–1987 and IEEE Standard 112 Test Method B for motor efficiency are amended, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such amended test procedure requirements unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C) If the Secretary prescribes a rule containing such a determination, the rule may establish amended test procedures for such electric motors that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in
(6)(A)(i) In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be—
(I) the test procedures determined by the Secretary to be generally accepted industry testing procedures; or
(II) rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute.
(ii) In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of
(B)(i) 2 In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F (± 2 degrees F) for refrigerator compartments and 0 degrees F (± 2 degrees F) for freezer compartments.
(C) The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures for the other products for which standards will be established under section 6313(c)(4) 3 of this title.
(D) In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under
(E)(i) Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii) If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure.
(F)(i) If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule—
(I) review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and
(II) based on that review, adopt one new test procedure for use in the standards program.
(ii) If a new test procedure is adopted under clause (i)—
(I)
(II) subparagraph (B) shall apply to the adopted test procedure.
(7)(A) In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning, Heating, and Refrigeration Institute Standard 810–2003, as in effect on January 1, 2005.
(B)(i) If Air-Conditioning, Heating, and Refrigeration Institute Standard 810–2003 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended Air-Conditioning, Heating, and Refrigeration Institute Standard, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii) If the Secretary issues a rule under clause (i) containing a determination described in clause (ii), the rule may establish an amended test procedure for the product that meets the requirements of paragraphs (2) and (3).
(C) The Secretary shall comply with
(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by the Secretary for residential clothes washers under
(9)
(A)
(i) The R value shall be the 1/K factor multiplied by the thickness of the panel.
(ii) The K factor shall be based on ASTM test procedure C518–2004.
(iii) For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used.
(iv) For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used.
(B)
(i)
(ii)
(b) Publication in Federal Register; presentment of oral and written data, views, and arguments by interested persons
Before prescribing any final test procedures under this section, the Secretary shall—
(1) publish proposed test procedures in the Federal Register; and
(2) afford interested persons an opportunity (of not less than 45 days' duration) to present oral and written data, views, and arguments on the proposed test procedures.
(c) Reevaluations
(1) The Secretary shall, not later than 3 years after the date of prescribing a test procedure under this section (and from time to time thereafter), conduct a reevaluation of such procedure and, on the basis of such reevaluation, shall determine if such test procedure should be amended. In conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy efficiency of the type (or class) of covered equipment involved.
(2) If the Secretary determines under paragraph (1) that a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures incorporating such amendments and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days' duration.
(d) Prohibited representations
(1) Effective 180 days (or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days) after a test procedure rule applicable to any covered equipment is prescribed under this section, no manufacturer, distributor, retailer, or private labeler may make any representation—
(A) in writing (including any representation on a label), or
(B) in any broadcast advertisement,
respecting the energy consumption of such equipment or cost of energy consumed by such equipment, unless such equipment has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing.
(2) 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 (1) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if he finds that the requirements of paragraph (1) would impose on such petitioner an undue hardship (as determined by the Secretary).
(e) Assistance by National Institute of Standards and Technology
The Secretary may direct the National Institute of Standards and Technology to provide such assistance as the Secretary deems necessary to carry out his responsibilities under this part, including the development of test procedures.
(
Editorial Notes
References in Text
Amendments
2012—Subsec. (a).
Subsec. (a)(4)(A), (7).
2007—Subsec. (a).
Subsec. (a)(9).
2005—Subsec. (a)(4)(A), (B).
Subsec. (a)(6) to (8).
Subsec. (d)(1).
1992—Subsec. (a)(1).
Subsec. (a)(4), (5).
Subsecs. (c), (d).
Subsec. (d)(1).
1988—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by section 10(a)(2) of
Effective Date of 2007 Amendment
Amendment by
1 So in original. No subpar. (B) has been enacted.
2 So in original. No cl. (ii) has been enacted.
3 See References in Text note below.
§6315. Labeling
(a) Prescription by Secretary
If the Secretary has prescribed test procedures under
(b) Disclosure of energy efficiency of articles of covered equipment
A labeling rule prescribed in accordance with this section shall require that each article of covered equipment which is in the type (or class) of industrial equipment to which such rule applies, discloses by label, the energy efficiency of such article, determined in accordance with test procedures under
(c) Inclusion of requirements
A rule prescribed in accordance with this section shall include such requirements as the Secretary determines are likely to assist purchasers in making purchasing decisions, including—
(1) requirements and directions for display of any label,
(2) requirements for including on any label, or separately attaching to, or shipping with, the covered equipment, such additional information relating to energy efficiency, energy use, and other measures of energy consumption, including instructions for the maintenance, use, or repair of the covered equipment, as the Secretary determines necessary to provide adequate information to purchasers, and
(3) requirements that printed matter which is displayed or distributed at the point of sale of such equipment shall disclose such information as may be required under this section to be disclosed on the label of such equipment.
(d) Labeling rules applicable to electric motors
Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for electric motors under
(1) indicate the energy efficiency of the motor on the permanent nameplate attached to such motor;
(2) prominently display the energy efficiency of the motor in equipment catalogs and other material used to market the equipment; and
(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for electric motors under
(e) Labeling rules for air conditioning and heating equipment
Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, walk-in coolers and walk-in freezers, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks under
(1) indicate the energy efficiency of the equipment on the permanent nameplate attached to such equipment or other nearby permanent marking;
(2) prominently display the energy efficiency of the equipment in new equipment catalogs used by the manufacturer to advertise the equipment; and
(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for such equipment under
(f) Consultation with Federal Trade Commission
Before prescribing any labeling rules for a type (or class) of covered equipment, the Secretary shall consult with, and obtain the written views of, the Federal Trade Commission with respect to such rules. The Federal Trade Commission shall promptly provide such written views upon the request of the Secretary.
(g) Publication in Federal Register; presentment of oral and written data, views, and arguments of interested persons
(1) Before prescribing any labeling rules under this section, the Secretary shall—
(A) publish proposed labeling rules in the Federal Register, and
(B) afford interested persons an opportunity (of not less than 45 days' duration) to pre- sent oral and written data, views, and arguments on the proposed rules.
(2) A labeling rule prescribed under this section shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Secretary determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules.
(h) Restrictions on Secretary's authority to promulgate rules
The Secretary shall not promulgate labeling rules for any class of industrial equipment unless he has determined that—
(1) labeling in accordance with this section is technologically and economically feasible with respect to such class;
(2) significant energy savings will likely result from such labeling; and
(3) labeling in accordance with this section is likely to assist consumers in making purchasing decisions.
(i) Tests for accuracy of information contained on labels
When requested by the Secretary, any manufacturer of industrial equipment to which a rule under this section applies shall supply at the manufacturer's expense a reasonable number of articles of such covered equipment to any laboratory or testing facility designated by the Secretary, or permit representatives of such laboratory or facility to test such equipment at the site where it is located, for purposes of ascertaining whether the information set out on the label, or otherwise required to be disclosed, as required under this section, is accurate. Any reasonable charge levied by the laboratory or facility for such testing shall be borne by the United States, if and to the extent provided in appropriations Acts.
(j) Products completed prior to effective date of rules
A labeling rule under this section shall not apply to any article of covered equipment the manufacture of which was completed before the effective date of such rule.
(k) Labeling authority under Federal Trade Commission Act
Until such time as labeling rules under this section take effect with respect to a type (or class) of covered equipment, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [
(
Editorial Notes
References in Text
The Federal Trade Commission Act, referred to in subsec. (k), is act Sept. 26, 1914, ch. 311,
Amendments
2007—Subsec. (e).
2005—Subsec. (e).
1992—Subsec. (a).
Subsec. (c).
Subsecs. (d) to (k).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§6316. Administration, penalties, enforcement, and preemption
(a) The provisions of
(1) references to
(2) references to "this part" shall be treated as referring to part A–1;
(3) the term "equipment" shall be substituted for the term "product";
(4) the term "Secretary" shall be substituted for "Commission" each place it appears (other than in section 6303(c) of title);
(5)
(6)
(7)
(8) notwithstanding any other provision of law, a regulation or other requirement adopted by a State or subdivision of a State contained in a State or local building code for new construction concerning the energy efficiency or energy use of an electric motor covered under this part is not superseded by the standards for such electric motor established or prescribed under
(9) in the case of commercial clothes washers,
(10)
(b)(1) The provisions of
(2)(A) A standard prescribed or established under
(B) Notwithstanding subparagraph (A), a standard prescribed or established under
(i) the standard in the building code does not require that the energy efficiency of such product exceed the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1; and
(ii) the standard in the building code does not take effect prior to the effective date of the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1.
(C) Notwithstanding subparagraph (A), a standard prescribed or established under
(D) Notwithstanding subparagraph (A), a standard prescribed or established under
(c) With respect to any electric motor to which standards are applicable under
(d)(1) Except as provided in paragraphs (2) and (3),
(2) Any State or local standard issued before August 8, 2005, shall not be preempted until the standards established under
(e)(1)(A) Subsections (a), (b), and (d) of
(B) In applying those provisions to commercial refrigerators, freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4) of subsection (a) shall apply.
(2)(A)
(B) In applying
(3)(A)
(B) In applying
(4)(A) If the Secretary does not issue a final rule for a specific type of commercial refrigerator, freezer, or refrigerator-freezer within the time frame specified in section 6313(c)(5) 2 of this title, subsections (b) and (c) of
(B) Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule takes effect.
(5)(A) In the case of any commercial refrigerator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of
(B) The Secretary shall, to the maximum extent practicable, encourage the establishment of at least 2 independent testing and certification programs.
(C) As part of certification, information on equipment energy use and interior volume shall be made available to the Secretary.
(f)(1)(A)(i) Except as provided in clause (ii),
(ii) Any State standard issued before August 8, 2005, shall not be preempted until the standards established under
(B) In applying
(2)(A)(i) Except as provided in clause (ii),
(ii) Any State standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards established under
(B) In applying
(3)(A) If the Secretary does not issue a final rule for a specific type of automatic commercial ice maker within the time frame specified in
(B) Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect.
(4)(A) The Secretary shall monitor whether manufacturers are reducing harvest rates below tested values for the purpose of bringing non-complying equipment into compliance.
(B) If the Secretary finds that there has been a substantial amount of manipulation with respect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent of tested values.
(g)(1)(A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in
(B) Any State or local standard issued before the date on which the Secretary publishes a final rule shall not be preempted until the standards established under
(2) The Secretary shall undertake an educational program to inform owners of laundromats, multifamily housing, and other sites where commercial clothes washers are located about the new standard, including impacts on washer purchase costs and options for recovering those costs through coin collection.
(h)
(1)
(A)
(i)
(ii)
(B)
(2)
(A)
(i) beginning on the day after the scheduled date for a final rule; and
(ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer.
(B)
(3)
(
Editorial Notes
References in Text
The National Appliance Energy Conservation Act of 1987, referred to in subsec. (a)(5), (9), is
The Energy Policy Act of 1992, referred to in subsec. (a)(5), (6), is
The Energy Policy Act of 2005, referred to in subsec. (a)(9), is
The National Appliance Energy Conservation Amendments of 1988, referred to in subsec. (a)(6), is
Section 6313(c)(4) and (c)(5) of this title, referred to in subsec. (e)(3)(A) and (4)(A), were redesignated section 6313(c)(5) and (c)(6) of this title, respectively, by
Amendments
2012—
Subsec. (a).
Subsec. (a)(10).
Subsec. (b)(1).
Subsec. (h)(3).
2007—Subsec. (a).
Subsec. (b)(1).
Subsec. (h).
2005—Subsec. (a)(9).
Subsec. (b)(1).
Subsecs. (d) to (g).
1998—Subsec. (c).
1992—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(5) to (8).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be "sections".
2 See References in Text note below.
§6317. Energy conservation standards for high-intensity discharge lamps, distribution transformers, and small electric motors
(a) High-intensity discharge lamps and distribution transformers
(1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those high-intensity discharge lamps and distribution transformers for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings.
(2) The Secretary shall, within 18 months after the date on which testing requirements are prescribed by the Secretary pursuant to paragraph (1), prescribe, by rule, energy conservation standards for those high-intensity discharge lamps and distribution transformers for which the Secretary prescribed testing requirements under paragraph (1).
(3) Any standard prescribed under paragraph (2) with respect to high-intensity discharge lamps shall apply to such lamps manufactured 36 months after the date such rule is published.
(b) Small electric motors
(1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those small electric motors for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings.
(2) The Secretary shall, within 18 months after the date on which testing requirements are prescribed by the Secretary pursuant to paragraph (1), prescribe, by rule, energy conservation standards for those small electric motors for which the Secretary prescribed testing requirements under paragraph (1).
(3) Any standard prescribed under paragraph (2) shall apply to small electric motors manufactured 60 months after the date such rule is published or, in the case of small electric motors which require listing or certification by a nationally recognized testing laboratory, 84 months after such date. Such standards shall not apply to any small electric motor which is a component of a covered product under
(c) Consideration of criteria under other law
In establishing any standard under this section, the Secretary shall take into consideration the criteria contained in
(d) Prescription of labeling requirements by Secretary
The Secretary shall, within six months after the date on which energy conservation standards are prescribed by the Secretary for high-intensity discharge lamps and distribution transformers pursuant to subsection (a)(2) and small electric motors pursuant to subsection (b)(2), prescribe labeling requirements for such lamps, transformers, and small electric motors.
(e) Compliance by manufacturers with labeling requirements
Beginning on the date which occurs six months after the date on which a labeling rule is prescribed for a product under subsection (d), each manufacturer of a product to which such a rule applies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule.
(f) New covered products; distribution of non-conforming products prohibited; construction with other law
(1) After the date on which a manufacturer must provide a label for a product pursuant to subsection (e)—
(A) each such product shall be considered, for purposes of paragraphs (1) and (2) of
(B) it shall be unlawful for any manufacturer or private labeler to distribute in commerce any new product for which an energy conservation standard is prescribed under subsection (a)(2) or (b)(2) which is not in conformity with the applicable energy conservation standard.
(2) For purposes of
(
Editorial Notes
Amendments
1992—
Statutory Notes and Related Subsidiaries
Energy Efficient Transformer Rebate Program
"(a)
"(1)
"(2)
"(A) does not meet or exceed the applicable energy conservation standards described in paragraph (1); and
"(B)(i) was manufactured between January 1, 1987, and December 31, 2008, for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection (b)(2) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act); or
"(ii) was manufactured between January 1, 1992, and December 31, 2011, for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph (1) or (2) of subsection (c) of that section (as in effect on the date of enactment of this Act).
"(3)
"(b)
"(c)
"(1) that the entity purchased a qualified energy efficient transformer;
"(2) of the core loss value of the qualified energy efficient transformer;
"(3) of the age of the qualified energy inefficient transformer being replaced;
"(4) of the core loss value of the qualified energy inefficient transformer being replaced—
"(A) as measured by a qualified professional or verified by the equipment manufacturer, as applicable; or
"(B) for transformers described in subsection (a)(2)(B)(i), as selected from a table of default values as determined by the Secretary in consultation with applicable industry; and
"(5) that the qualified energy inefficient transformer has been permanently decommissioned and scrapped.
"(d)
"(1) for a 3-phase or single-phase transformer with a capacity of not less than 10 and not greater than 2,500 kilovolt-amperes, twice the amount equal to the difference in Watts between the core loss value (as measured in accordance with paragraphs (2) and (4) of subsection (c)) of—
"(A) the qualified energy inefficient transformer; and
"(B) the qualified energy efficient transformer; or
"(2) for a transformer described in subsection (a)(2)(B)(i), the amount determined using a table of default rebate values by rated transformer output, as measured in kilovolt-amperes, as determined by the Secretary in consultation with applicable industry.
"(e)
"(f)
Study of Utility Distribution Transformers; Report to Congress
Part B—State Energy Conservation Plans
Editorial Notes
Codification
This part, originally designated part C and subsequently redesignated part D by
§6321. Findings; purpose; definitions
(a) Findings
Congress finds that—
(1) the development and implementation by States of laws, policies, programs, and procedures to conserve and to improve efficiency in the use of energy will have an immediate and substantial effect in reducing the rate of growth of energy demand and in minimizing the adverse social, economic, political, and environmental impacts of increasing energy consumption;
(2) the development and implementation of energy conservation programs by States will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of energy use and meet local economic, climatic, geographic, and other unique conditions and requirements of each State; and
(3) the Federal Government has a responsibility to foster and promote comprehensive energy conservation programs and practices by establishing guidelines for such programs and providing overall coordination, technical assistance, and financial support for specific State initiatives in energy conservation.
(b) Purpose
It is the purpose of this part to promote the conservation of energy and reduce the rate of growth of energy demand by authorizing the Secretary to establish procedures and guidelines for the development and implementation of specific State energy conservation programs and to provide Federal financial and technical assistance to States in support of such programs.
(c) Definitions
In this part:
(1) Appliance
The term "appliance" means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part.
(2) Building
The term "building" means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.
(3) Energy audit
The term "energy audit" means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which—
(A) is carried out in accordance with rules of the Secretary; and
(B) imposes—
(i) no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan; and
(ii) only reasonable costs, as determined by the Secretary, with respect to any person not described in clause (i).
Rules referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits.
(4) Energy conservation measure
The term "energy conservation measure" means a measure which modifies any building, building system, energy consuming device associated with the building, or industrial plant, the construction of which has been completed prior to May 1, 1989, if such measure has been determined by means of an energy audit or by the Secretary, by rule under
(A) the useful life of the modification involved, as determined by the Secretary, or
(B) 15 years after the purchase and installation of such measure,
whichever is less. Such term does not include (i) the purchase or installation of any appliance, (ii) any conversion from one fuel or source of energy to another which is of a type which the Secretary, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or (iii) any measure, or type of measure, which the Secretary determines does not have as its primary purpose an improvement in efficiency of energy use.
(5) Industrial plant
The term "industrial plant" means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output.
(6) Public building
The term "public building" means any building which is open to the public during normal business hours.
(7) Renewable-resource energy measure
The term "renewable-resource energy measure" means a measure which modifies any building or industrial plant, the construction of which has been completed prior to August 14, 1976, if such measure has been determined by means of an energy audit or by the Secretary, by rule under
(A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable source of energy; and
(B) be likely to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of—
(i) the useful life of the modification involved, as determined by the Secretary, or
(ii) 25 years after the purchase and installation of such measure,
whichever is less.
Such term does not include the purchase or installation of any appliance.
(8) Transportation controls
The term "transportation controls" means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.
(
Editorial Notes
Codification
Pars. (1) to (8) of
Amendments
2021—
Subsec. (b).
Subsec. (c).
Subsec. (c)(1) to (8).
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Report on Coordination of Energy Conservation Programs
§6322. State energy conservation plans
(a) Feasibility reports
The Secretary shall, by rule, within 60 days after December 22, 1975, prescribe guidelines for the preparation of a State energy conservation feasibility report. The Secretary shall invite the Governor of each State to submit, within 3 months after the effective date of such guidelines, such a report. Such report shall include—
(1) an assessment of the feasibility of establishing a State energy conservation goal, which goal shall consist of a reduction, as a result of the implementation of the State energy conservation plan described in this section, of 5 percent or more in the total amount of energy consumed in such State in the year 1980 from the projected energy consumption for such State in the year 1980, and
(2) a proposal by such State for the development of a State energy conservation plan to achieve such goal.
(b) Guidelines
The Secretary shall, by rule, within 6 months after December 22, 1975, prescribe guidelines with respect to measures required to be included in, and guidelines for the development, modification, and funding of, State energy conservation plans. The Secretary shall invite the Governor of each State to submit, within 5 months after the effective date of such guidelines, a report. Such report shall include—
(1) a proposed State energy conservation plan designed to result in scheduled progress toward, and achievement of, the State energy conservation goal of such State; and
(2) a detailed description of the requirements, including the estimated cost of implementation and the estimated energy savings, associated with each functional category of energy conservation included in the State energy conservation plan.
(c) Mandatory features of plans
Each proposed State energy conservation plan to be eligible for Federal assistance under this part shall include—
(1) mandatory lighting efficiency standards for public buildings (except public buildings owned or leased by the United States);
(2) programs to promote the availability and use of carpools, vanpools, and public transportation (except that no Federal funds provided under this part shall be used for subsidizing fares for public transportation);
(3) mandatory standards and policies relating to energy efficiency to govern the procurement practices of such State and its political subdivisions;
(4) mandatory thermal efficiency standards and insulation requirements for new and renovated buildings (except buildings owned or leased by the United States);
(5) a traffic law or regulation which, to the maximum extent practicable consistent with safety, permits the operator of a motor vehicle to turn such vehicle right at a red stop light after stopping and to turn such vehicle left from a one-way street onto a one-way street at a red light after stopping;
(6) procedures for ensuring effective coordination among various local, State, and Federal energy conservation programs within the State, including any program administered within the Office of Technical and Financial Assistance of the Department of Energy and the Low Income Home Energy Assistance Program administered by the Department of Health and Human Services; and
(7) the mandatory conduct of activities to support transmission and distribution planning, including—
(A) support for local governments and Indian Tribes;
(B) feasibility studies for transmission line routes and alternatives;
(C) preparation of necessary project design and permits; and
(D) outreach to affected stakeholders.
(d) Optional features of plans
Each proposed State energy conservation plan may include—
(1) restrictions governing the hours and conditions of operation of public buildings (except buildings owned or leased by the United States);
(2) restrictions on the use of decorative or nonessential lighting;
(3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;
(4) programs of public education to promote energy conservation;
(5) programs for financing energy efficiency and renewable energy capital investments, projects, and programs—
(A) which may include loan programs and performance contracting programs for leveraging of additional public and private sector funds, and programs which allow rebates, grants, or other incentives for the purchase and installation of energy efficiency and renewable energy measures; or
(B) in addition to or in lieu of programs described in subparagraph (A), which may be used in connection with public or nonprofit buildings owned and operated by a State, a political subdivision of a State or an agency or instrumentality of a State, or an organization exempt from taxation under
(6) programs for encouraging and for carrying out energy audits with respect to buildings and industrial facilities (including industrial processes) within the State;
(7) programs to promote the adoption of integrated energy plans which provide for—
(A) periodic evaluation of a State's energy needs, available energy resources (including greater energy efficiency), and energy costs; and
(B) utilization of adequate and reliable energy supplies, including greater energy efficiency, that meet applicable safety, environmental, and policy requirements at the lowest cost;
(8) programs to promote energy efficiency in residential housing, such as—
(A) programs for development and promotion of energy efficiency rating systems for newly constructed housing and existing housing so that consumers can compare the energy efficiency of different housing; and
(B) programs for the adoption of incentives for builders, utilities, and mortgage lenders to build, service, or finance energy efficient housing;
(9) programs to identify unfair or deceptive acts or practices which relate to the implementation of energy efficiency measures and renewable resource energy measures and to educate consumers concerning such acts or practices;
(10) programs to modify patterns of energy consumption so as to reduce peak demands for energy and improve the efficiency of energy supply systems, including electricity supply systems;
(11) programs to promote energy efficiency as an integral component of economic development planning conducted by State, local, or other governmental entities or by energy utilities;
(12) in accordance with subsection (f)(2), programs to implement the Energy Technology Commercialization Services Program;
(13) programs (enlisting appropriate trade and professional organizations in the development and financing of such programs) to provide training and education (including, if appropriate, training workshops, practice manuals, and testing for each area of energy efficiency technology) to building designers and contractors involved in building design and construction or in the sale, installation, and maintenance of energy systems and equipment to promote building energy efficiency improvements;
(14) programs for the development of building retrofit standards and regulations, including retrofit ordinances enforced at the time of the sale of a building;
(15) support for prefeasibility and feasibility studies for projects that utilize renewable energy and energy efficiency resource technologies in order to facilitate access to capital and credit for such projects;
(16) programs to facilitate and encourage the voluntary use of renewable energy technologies for eligible participants in Federal agency programs, including the Rural Electrification Administration and the Farmers Home Administration;
(17) programs that promote the installation and use of demand-response technology and demand-response practices; and
(18) any other appropriate method or programs to conserve and to promote efficiency in the use of energy.
(e) Standby plans
The Governor of any State may submit to the Secretary a State energy conservation plan which is a standby energy conservation plan to significantly reduce energy demand by regulating the public and private consumption of energy during a severe energy supply interruption, which plan may be separately eligible for Federal assistance under this part without regard to subsections (c) and (d) of this section.
(f) Energy Technology Commercialization Services Program
(1) The purposes of this subsection are to—
(A) strengthen State outreach programs to aid small and start-up businesses;
(B) foster a broader application of engineering principles and techniques to energy technology products, manufacturing, and commercial production by small and start-up businesses; and
(C) foster greater assistance to small and start-up businesses in dealing with the Federal Government on energy technology related matters.
(2) The programs to implement the functions of the Energy Technology Commercialization Services Program, as provided for by subsection (d)(12), shall—
(A) aid small and start-up businesses in discovering useful and practical information relating to manufacturing and commercial production techniques and costs associated with new energy technologies;
(B) encourage the application of such information in order to solve energy technology product development and manufacturing problems;
(C) establish an Energy Technology Commercialization Services Program affiliated with an existing entity in each State;
(D) coordinate engineers and manufacturers to aid small and start-up businesses in solving specific technical problems and improving the cost effectiveness of methods for manufacturing new energy technologies;
(E) assist small and start-up businesses in preparing the technical portions of proposals seeking financial assistance for new energy technology commercialization; and
(F) facilitate contract research between university faculty and students and small start-up businesses, in order to improve energy technology product development and independent quality control testing.
(3) Each State energy technology commercialization services program shall develop and maintain a data base of engineering and scientific experts in energy technologies and product commercialization interested in participating in the service. Such data base shall, at a minimum, include faculty of institutions of higher education, retired manufacturing experts, and national laboratory personnel.
(4) The services provided by the energy technology commercialization services programs established under this subsection shall be available to any small or start-up business. Such service programs shall charge fees which are affordable to a party eligible for assistance, which shall be determined by examining factors, including the following: (A) the costs of the services received; (B) the need of the recipient for the services; and (C) the ability of the recipient to pay for the services.
(5) For the purposes of this subsection, the term—
(A) "institution of higher education" has the same meaning as such term is defined in
(B) "small business" means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under
(C) "start-up business" means a small business which has been in existence for 5 years or less.
(g) Review of plans
The Secretary shall, at least once every 3 years, invite the Governor of each State to review and, if necessary, revise the energy conservation plan of such State submitted under subsection (b) or (e). Such reviews should consider the energy conservation plans of other States within the region, and identify opportunities and actions carried out in pursuit of common energy conservation goals.
(
Editorial Notes
Amendments
2021—Subsec. (c)(7).
Subsec. (d)(3).
Subsec. (d)(17), (18).
2005—Subsec. (g).
1998—Subsec. (a)(1).
Subsec. (d)(12).
Subsec. (f)(5)(A).
1992—Subsec. (c)(5).
Subsec. (d)(13) to (17).
1990—Subsec. (c)(6).
Subsec. (d)(3).
Subsec. (d)(5) to (13).
Subsec. (f).
1978—Subsecs. (a), (b), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Study Regarding Impact of Permitting Right and Left Turns on Red Lights
§6323. Federal assistance to States
(a) Information, technical assistance, and assistance in preparation of reports and development, implementation, or modification of energy conservation plan
Upon request of the Governor of any State, the Secretary shall provide, subject to the availability of personnel and funds, information and technical assistance, including model State laws and proposed regulations relating to energy conservation, and other assistance in—
(1) the preparation of the reports described in
(2) the development, implementation, or modification of an energy conservation plan of such State submitted under section 6322(b) or (e) of this title.
(b) Financial assistance to assist State in development, implementation, or modification of energy conservation plan; submission of plan to and approval of Secretary; considerations governing approval; amount of assistance
(1) The Secretary may grant Federal financial assistance pursuant to this section for the purpose of assisting such State in the development of any such energy conservation plan or in the implementation or modification of a State energy conservation plan or part thereof which has been submitted to and approved by the Secretary pursuant to this part.
(2) In determining whether to approve a State energy conservation plan submitted under section 6322(b) or (e) of this title, the Secretary—
(A) shall take into account the impact of local economic, climatic, geographic, and other unique conditions and requirements of such State on the opportunity to conserve and to improve efficiency in the use of energy in such State; and
(B) may extend the period of time during which a State energy conservation feasibility report or State energy conservation plan may be submitted if the Secretary determines that participation by the State submitting such report or plan is likely to result in significant progress toward achieving the purposes of this chapter.
No such plan shall be disapproved without notice and an opportunity to present views.
(3) In determining the amount of Federal financial assistance to be provided to any State under this subsection, the Secretary shall consider—
(A) the contribution to energy conservation which can reasonably be expected,
(B) the number of people affected by such plan, and
(C) the consistency of such plan with the purposes of this chapter, and such other factors as the Secretary deems appropriate.
(c) Records
Each recipient of Federal financial assistance under subsection (b) shall keep such records as the Secretary shall require, including records which fully disclose the amount and disposition by each recipient of the proceeds of such assistance, the total cost of the plan, program, projects, measures, or systems for which such assistance was given or used, the source and amount of funds for such plan, program, projects, measures, or systems not supplied by the Secretary, and such other records as the Secretary determines necessary to facilitate an effective audit and performance evaluation. The Secretary and Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination, at reasonable times and under reasonable conditions, to any pertinent books, documents, papers, and records of any recipient of Federal assistance under this part.
(d) Assistance as supplementing and not supplanting State and local funds
Each State receiving Federal financial assistance pursuant to this section shall provide reasonable assurance to the Secretary that it has established policies and procedures designed to assure that Federal financial assistance under this part and under part E of this subchapter will be used to supplement, and not to supplant, State and local funds, and to the extent practicable, to increase the amount of such funds that otherwise would be available, in the absence of such Federal financial assistance, for those programs set forth in the State energy conservation plan approved pursuant to subsection (b).
(e) State buildings energy efficiency improvements incentive fund
If the Secretary determines that a State has demonstrated a commitment to improving the energy efficiency of buildings within such State, the Secretary may, beginning in fiscal year 1994, provide up to $1,000,000 to such State for deposit into a revolving fund established by such State for the purpose of financing energy efficiency improvements in State and local government buildings. In making such determination the Secretary shall consider whether—
(1) such State, or a majority of the units of local government with jurisdiction over building energy codes within such State, has adopted codes for energy efficiency in new buildings that are at least as stringent as American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–1989 (with respect to commercial buildings) and Council of American Building Officials Model Energy Code, 1992 (with respect to residential buildings);
(2) such State has established a program, including a revolving fund, to finance energy efficiency improvement projects in State and local government facilities and buildings; and
(3) such State has obtained funding from non-Federal sources, including but not limited to, oil overcharge funds, State or local government appropriations, or utility contributions (including rebates) equal to or greater than three times the amount provided by the Secretary under this subsection for deposit into such revolving fund.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(2)(B), (3)(C), was in the original "this Act", meaning
Amendments
2021—Subsecs. (e), (f).
1992—Subsec. (f).
1990—Subsecs. (d), (e).
1978—
1976—Subsec. (b)(2).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§6323a. Matching State contributions
For the base State Energy Conservation Program (part D of the Energy Policy and Conservation Act, sections 361 through 366 [
(
Editorial Notes
References in Text
The Energy Policy and Conservation Act, referred to in text, is
Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1985, as enacted by
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation act:
§6324. State energy efficiency goals
Each State energy conservation plan with respect to which assistance is made available under this part on or after August 8, 2005, shall contain a goal, consisting of an improvement of 25 percent or more in the efficiency of use of energy in the State concerned in calendar year 2012 as compared to calendar year 1990, and may contain interim goals.
(
Editorial Notes
Amendments
2005—
1990—
1978—
§6325. General provisions
(a) Rules
The Secretary may prescribe such rules as may be necessary or appropriate to carry out his authority under this part.
(b) Departmental consultation
In carrying out the provisions of
(c) Annual report
The Secretary shall, as part of the report required under
(d) Duty of Federal Trade Commission to prevent unfair or deceptive practices or acts relating to implementation of energy measures
The Federal Trade Commission shall (1) cooperate with and assist State agencies which have primary responsibilities for the protection of consumers in activities aimed at preventing unfair and deceptive acts or practices affecting commerce which relate to the implementation of measures likely to conserve, or improve efficiency in the use of, energy, including energy conservation measures and renewable-resource energy measures, and (2) undertake its own program, pursuant to the Federal Trade Commission Act [
(e) List of energy measures eligible for financial assistance; designation of types and requirements of energy audits
Within 90 days after August 14, 1976, the Secretary shall—
(1) develop, by rule after consultation with the Secretary of Housing and Urban Development, and publish a list of energy conservation measures and renewable-resource energy measures which are eligible (on a national or regional basis) for financial assistance pursuant to
(2) designate, by rule, the types of, and requirements for, energy audits.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026.
(2) Distribution
Amounts made available under paragraph (1)—
(A) shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and
(B) shall not be subject to the matching requirement described in
(g) State Energy Advisory Board
(1)(A) There is hereby established within the Department of Energy a State Energy Advisory Board (hereafter in this subsection referred to as the "Board") which shall consist of at least 18 and not more than 21 members appointed by the Secretary as soon as practicable but no later than September 30, 1991. At least eight of the members of the Board shall be persons who serve as directors of the State agency, or a division of such agency, responsible for developing State energy conservation plans pursuant to
(B)(i) Except as provided in clause (ii), the members of the Board shall serve a term of three years.
(ii) Of the members first appointed to the Board, one-third shall serve a term of one year, one-third shall serve a term of two years, and the remainder shall serve a term of three years, as specified by the Secretary.
(2) The Board shall—
(A) make recommendations to the Assistant Secretary for Conservation and Renewable Energy within the Department of Energy with respect to—
(i) the energy efficiency goals and objectives of the programs carried out under this part, part E of this subchapter, and under part A of title IV of the Energy Conservation and Production Act [
(ii) programmatic and administrative policies designed to strengthen and improve the programs referred to in clause (i), including actions that should be considered to encourage non-Federal resources (including private resources) to supplement Federal financial assistance;
(B) serve as a liaison between the States and such Department on energy efficiency and renewable energy resource programs; and
(C) encourage transfer of the results of research and development activities carried out by the Federal Government with respect to energy efficiency and renewable energy resource technologies.
(3) The Secretary shall designate one of the members of the Board to serve as its chairman and one to serve as its vice-chairman. The chairman and vice-chairman shall serve in those offices no longer than two years.
(4) The Secretary shall provide the Board with such reasonable services and facilities as may be necessary for the performance of its functions.
(5) The Board shall be nonpartisan.
(6) The Board may adopt administrative rules and procedures and may elect one of its members secretary of the Board.
(7) Consistent with Federal regulations, the Secretary shall reimburse members of the Board for expenses (including travel expenses) necessarily incurred by them in the performance of their duties.
(8) The Board shall meet at least twice a year and shall submit an annual report to the Secretary and the Congress on the activities carried out by the Board in the previous fiscal year, including an accounting of the expenses reimbursed under paragraph (7) with respect to the year for which the report is made and any recommendations it may have for administrative or legislative changes concerning the matters referred to in subparagraphs (A), (B), and (C) of paragraph (2).
(9) The Board shall continue until terminated by law.
(
Editorial Notes
References in Text
The Federal Trade Commission Act, referred to in subsec. (d), is act Sept. 26, 1914, ch. 311,
The Energy Conservation and Production Act, referred to in subsec. (g)(2)(A)(i), is
Amendments
2021—Subsec. (f).
2007—Subsec. (f).
2005—Subsec. (f).
1998—Subsec. (f).
"(f)(1) Except as provided in paragraph (2), for the purpose of carrying out this part, there are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 1993.
"(2) For the purposes of carrying out
1995—Subsec. (c).
1992—Subsec. (f).
1990—Subsec. (f).
Subsec. (g).
1978—Subsecs. (a) to (c), (e).
Subsec. (f).
1976—Subsec. (d).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 16th item on page 87 identifies a reporting provision which, as subsequently amended, is contained in subsec. (c) of this section and in which the 14th item on page 91 identifies a reporting provision in subsec. (g)(8) of this section), see section 3003 of
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§6326. State energy security plans
(a) Definitions
In this section:
(1) Bulk-power system
The term "bulk-power system" has the meaning given the term in
(2) State energy security plan
The term "State energy security plan" means a State energy security plan described in subsection (b).
(b) Financial assistance for State energy security plans
Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that—
(1) assesses the existing circumstances in the State; and
(2) proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State—
(A) to secure the energy infrastructure of the State against all physical and cybersecurity threats;
(B)(i) to mitigate the risk of energy supply disruptions to the State; and
(ii) to enhance the response to, and recovery from, energy disruptions; and
(C) to ensure that the State has reliable, secure, and resilient energy infrastructure.
(c) Contents of plan
A State energy security plan shall—
(1) address all energy sources and regulated and unregulated energy providers;
(2) provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use;
(3) address potential hazards to each energy sector or system, including—
(A) physical threats and vulnerabilities; and
(B) cybersecurity threats and vulnerabilities;
(4) provide a risk assessment of energy infrastructure and cross-sector interdependencies;
(5) provide a risk mitigation approach to enhance reliability and end-use resilience; and
(6)(A) address—
(i) multi-State and regional coordination, planning, and response; and
(ii) coordination with Indian Tribes with respect to planning and response; and
(B) to the extent practicable, encourage mutual assistance in cyber and physical response plans.
(d) Coordination
In developing or revising a State energy security plan, the State energy office of the State shall coordinate, to the extent practicable, with—
(1) the public utility or service commission of the State;
(2) energy providers from the private and public sectors; and
(3) other entities responsible for—
(A) maintaining fuel or electric reliability; and
(B) securing energy infrastructure.
(e) Financial assistance
A State is not eligible to receive Federal financial assistance under this part for any purpose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year—
(1) a State energy security plan that meets the requirements of subsection (c); or
(2) after an annual review, carried out by the Governor, of a State energy security plan—
(A) any necessary revisions to the State energy security plan; or
(B) a certification that no revisions to the State energy security plan are necessary.
(f) Technical assistance
On request of the Governor of a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan.
(g) Requirement
Each State receiving Federal financial assistance under this part shall provide reasonable assurance to the Secretary that the State has established policies and procedures designed to assure that the financial assistance will be used—
(1) to supplement, and not to supplant, State and local funds; and
(2) to the maximum extent practicable, to increase the amount of State and local funds that otherwise would be available, in the absence of the Federal financial assistance, for the implementation of a State energy security plan.
(h) Protection of information
Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—
(1) shall be exempt from disclosure under
(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
(i) Sunset
The requirements of this section shall expire on October 31, 2025.
(
Editorial Notes
Amendments
2021—
Par. (3)(B)(i).
Pars. (6), (7).
1990—Par. (4).
1978—Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i).
1976—
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§6327. Repealed. Pub. L. 101–440, §4(c)(1), Oct. 18, 1990, 104 Stat. 1009
Section,
Part C—Industrial Energy Efficiency
Editorial Notes
Codification
This part was, in the original, designated part E and has been changed to part C for purposes of codification.
Prior Provisions
A prior part C, consisting of sections 6341 to 6346, related to voluntary industrial energy conservation, prior to repeal by
§6341. Definitions
In this part:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Combined heat and power
The term "combined heat and power system" means a facility that—
(A) simultaneously and efficiently produces useful thermal energy and electricity; and
(B) recovers not less than 60 percent of the energy value in the fuel (on a higher-heating-value basis) in the form of useful thermal energy and electricity.
(3) Net excess power
The term "net excess power" means, for any facility, recoverable waste energy recovered in the form of electricity in quantities exceeding the total consumption of electricity at the specific time of generation on the site at which the facility is located.
(4) Project
The term "project" means a recoverable waste energy project or a combined heat and power system project.
(5) Recoverable waste energy
The term "recoverable waste energy" means waste energy from which electricity or useful thermal energy may be recovered through modification of an existing facility or addition of a new facility.
(6) Registry
The term "Registry" means the Registry of Recoverable Waste Energy Sources established under
(7) Useful thermal energy
The term "useful thermal energy" means energy—
(A) in the form of direct heat, steam, hot water, or other thermal form that is used in production and beneficial measures for heating, cooling, humidity control, process use, or other valid thermal end-use energy requirements; and
(B) for which fuel or electricity would otherwise be consumed.
(8) Waste energy
The term "waste energy" means—
(A) exhaust heat or flared gas from any industrial process;
(B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented;
(C) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; and
(D) such other forms of waste energy as the Administrator may determine.
(9) Other terms
The terms "electric utility", "nonregulated electric utility", "State regulated electric utility", and other terms have the meanings given those terms in title I of the Public Utility Regulatory Policies Act of 1978 (
(
Editorial Notes
References in Text
The Public Utility Regulatory Policies Act of 1978, referred to in par. (9), is
Prior Provisions
A prior section 6341,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
Executive Documents
Ex. Ord. No. 13624. Accelerating Investment in Industrial Energy Efficiency
Ex. Ord. No. 13624, Aug. 30, 2012,
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote American manufacturing by helping to facilitate investments in energy efficiency at industrial facilities, it is hereby ordered as follows:
Despite these benefits, independent studies have pointed to under-investment in industrial energy efficiency and CHP as a result of numerous barriers. The Federal Government has limited but important authorities to overcome these barriers, and our efforts to support investment in industrial energy efficiency and CHP should involve coordinated engagement with a broad set of stakeholders, including States, manufacturers, utilities, and others. By working with all stakeholders to address these barriers, we have an opportunity to save industrial users tens of billions of dollars in energy costs over the next decade.
There is no one-size-fits-all solution for our manufacturers, so it is imperative that we support these investments through a variety of approaches, including encouraging private sector investment by setting goals and highlighting the benefits of investment, improving coordination at the Federal level, partnering with and supporting States, and identifying investment models beneficial to the multiple stakeholders involved.
To formalize and support the close interagency coordination that is required to accelerate greater investment in industrial energy efficiency and CHP, this order directs certain executive departments and agencies to convene national and regional stakeholders to identify, develop, and encourage the adoption of investment models and State best practice policies for industrial energy efficiency and CHP; provide technical assistance to States and manufacturers to encourage investment in industrial energy efficiency and CHP; provide public information on the benefits of investment in industrial energy efficiency and CHP; and use existing Federal authorities, programs, and policies to support investment in industrial energy efficiency and CHP.
(a) coordinate and strongly encourage efforts to achieve a national goal of deploying 40 gigawatts of new, cost-effective industrial CHP in the United States by the end of 2020;
(b) convene stakeholders, through a series of public workshops, to develop and encourage the use of best practice State policies and investment models that address the multiple barriers to investment in industrial energy efficiency and CHP;
(c) utilize their respective relevant authorities and resources to encourage investment in industrial energy efficiency and CHP, such as by:
(i) providing assistance to States on accounting for the potential emission reduction benefits of CHP and other energy efficiency policies when developing State Implementation Plans (SIPs) to achieve national ambient air quality standards;
(ii) providing incentives for the deployment of CHP and other types of clean energy, such as set-asides under emissions allowance trading program state implementation plans, grants, and loans;
(iii) employing output-based approaches as compliance options in power and industrial sector regulations, as appropriate, to recognize the emissions benefits of highly efficient energy generation technologies like CHP; and
(iv) seeking to expand participation in and create additional tools to support the Better Buildings, Better Plants program at the Department of Energy, which is working with companies to help them achieve a goal of reducing energy intensity by 25 percent over 10 years, as well as utilizing existing partnership programs to support energy efficiency and CHP;
(d) support and encourage efforts to accelerate investment in industrial energy efficiency and CHP by:
(i) providing general guidance, technical analysis and information, and financial analysis on the value of investment in industrial energy efficiency and CHP to States, utilities, and owners and operators of industrial facilities;
(ii) improving the usefulness of Federal data collection and analysis; and
(iii) assisting States in developing and implementing State-specific best practice policies that can accelerate investment in industrial energy efficiency and CHP.
In implementing this section, these agencies should consult with the Federal Energy Regulatory Commission, as appropriate.
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
§6342. Survey and Registry
(a) Recoverable waste energy inventory program
(1) In general
The Administrator, in cooperation with the Secretary and State energy offices, shall establish a recoverable waste energy inventory program.
(2) Survey
The program shall include—
(A) an ongoing survey of all major industrial and large commercial combustion sources in the United States (as defined by the Administrator) and the sites at which the sources are located; and
(B) a review of each source for the quantity and quality of waste energy produced at the source.
(b) Criteria
(1) In general
Not later than 270 days after December 19, 2007, the Administrator shall publish a rule for establishing criteria for including sites in the Registry.
(2) Inclusions
The criteria shall include—
(A) a requirement that, to be included in the Registry, a project at the site shall be determined to be economically feasible by virtue of offering a payback of invested costs not later than 5 years after the date of first full project operation (including incentives offered under this part);
(B) standards to ensure that projects proposed for inclusion in the Registry are not developed or used for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; and
(C) procedures for contesting the listing of any source or site on the Registry by any State, utility, or other interested person.
(c) Technical support
On the request of the owner or operator of a source or site included in the Registry, the Secretary shall—
(1) provide to owners or operators of combustion sources technical support; and
(2) offer partial funding (in an amount equal to not more than one-half of total costs) for feasibility studies to confirm whether or not investment in recovery of waste energy or combined heat and power at a source would offer a payback period of 5 years or less.
(d) Registry
(1) Establishment
(A) In general
Not later than 1 year after December 19, 2007, the Administrator shall establish a Registry of Recoverable Waste Energy Sources, and sites on which the sources are located, that meet the criteria established under subsection (b).
(B) Updates; availability
The Administrator shall—
(i) update the Registry on a regular basis; and
(ii) make the Registry available to the public on the website of the Environmental Protection Agency.
(C) Contesting listing
Any State, electric utility, or other interested person may contest the listing of any source or site by submitting a petition to the Administrator.
(2) Contents
(A) In general
The Administrator shall register and include on the Registry all sites meeting the criteria established under subsection (b).
(B) Quantity of recoverable waste energy
The Administrator shall—
(i) calculate the total quantities of potentially recoverable waste energy from sources at the sites, nationally and by State; and
(ii) make public—
(I) the total quantities described in clause (i); and
(II) information on the criteria pollutant and greenhouse gas emissions savings that might be achieved with recovery of the waste energy from all sources and sites listed on the Registry.
(3) Availability of information
(A) In general
The Administrator shall notify owners or operators of recoverable waste energy sources and sites listed on the Registry prior to publishing the listing.
(B) Detailed quantitative information
(i) In general
Except as provided in clause (ii), the owner or operator of a source at a site may elect to have detailed quantitative information concerning the site not made public by notifying the Administrator of the election.
(ii) Limited availability
The information shall be made available to—
(I) the applicable State energy office; and
(II) any utility requested to support recovery of waste energy from the source pursuant to the incentives provided under
(iii) State totals
Information concerning the site shall be included in the total quantity of recoverable waste energy for a State unless there are fewer than 3 sites in the State.
(4) Removal of projects from registry
(A) In general
Subject to subparagraph (B), as a project achieves successful recovery of waste energy, the Administrator shall—
(i) remove the related sites or sources from the Registry; and
(ii) designate the removed projects as eligible for incentives under
(B) Limitation
No project shall be removed from the Registry without the consent of the owner or operator of the project if—
(i) the owner or operator has submitted a petition under
(ii) the petition has not been acted on or denied.
(5) Ineligibility of certain sources
The Administrator shall not list any source constructed after December 19, 2007, on the Registry if the Administrator determines that the source—
(A) was developed for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; or
(B) does not capture at least 60 percent of the total energy value of the fuels used (on a higher-heating-value basis) in the form of useful thermal energy, electricity, mechanical energy, chemical output, or any combination thereof.
(e) Self-certification
(1) In general
Subject to any procedures that are established by the Administrator, an owner, operator, or third-party developer of a recoverable waste energy project that qualifies under standards established by the Administrator may self-certify the sites or sources of the owner, operator, or developer to the Administrator for inclusion in the Registry.
(2) Review and approval
To prevent a fraudulent listing, a site or source shall be included on the Registry only if the Administrator reviews and approves the self-certification.
(f) New facilities
As a new energy-consuming industrial facility is developed after December 19, 2007, to the extent the facility may constitute a site with recoverable waste energy that may qualify for inclusion on the Registry, the Administrator may elect to include the facility on the Registry, at the request of the owner, operator, or developer of the facility, on a conditional basis with the site to be removed from the Registry if the development ceases or the site fails to qualify for listing under this part.
(g) Optimum means of recovery
For each site listed in the Registry, at the request of the owner or operator of the site, the Administrator shall offer, in cooperation with Clean Energy Application Centers operated by the Secretary of Energy, suggestions for optimum means of recovery of value from waste energy stream in the form of electricity, useful thermal energy, or other energy-related products.
(h) Revision
Each annual report of a State under
(i) Authorization of appropriations
There are authorized to be appropriated to—
(1) the Administrator to create and maintain the Registry and services authorized by this section, $1,000,000 for each of fiscal years 2008 through 2012; and
(2) the Secretary—
(A) to assist site or source owners and operators in determining the feasibility of projects authorized by this section, $2,000,000 for each of fiscal years 2008 through 2012; and
(B) to provide funding for State energy office functions under this section, $5,000,000.
(
Editorial Notes
References in Text
Clean Energy Application Centers, referred to in subsec. (g), were redesignated as the CHP Technical Assistance Partnership Program. See
Prior Provisions
A prior section 6342,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§6343. Waste energy recovery incentive grant program
(a) Establishment
The Secretary shall establish in the Department of Energy a waste energy recovery incentive grant program to provide incentive grants to—
(1) owners and operators of projects that successfully produce electricity or incremental useful thermal energy from waste energy recovery;
(2) utilities purchasing or distributing the electricity; and
(3) States that have achieved 80 percent or more of recoverable waste heat recovery opportunities.
(b) Grants to projects and utilities
(1) In general
The Secretary shall make grants under this section—
(A) to the owners or operators of waste energy recovery projects; and
(B) in the case of excess power purchased or transmitted by a electric utility, to the utility.
(2) Proof
Grants may only be made under this section on receipt of proof of waste energy recovery or excess electricity generation, or both, from the project in a form prescribed by the Secretary.
(3) Excess electric energy
(A) In general
In the case of waste energy recovery, a grant under this section shall be made at the rate of $10 per megawatt hour of documented electricity produced from recoverable waste energy (or by prevention of waste energy in the case of a new facility) by the project during the first 3 calendar years of production, beginning on or after December 19, 2007.
(B) Utilities
If the project produces net excess power and an electric utility purchases or transmits the excess power, 50 percent of so much of the grant as is attributable to the net excess power shall be paid to the electric utility purchasing or transporting the net excess power.
(4) Useful thermal energy
In the case of waste energy recovery that produces useful thermal energy that is used for a purpose different from that for which the project is principally designed, a grant under this section shall be made to the owner or operator of the waste energy recovery project at the rate of $10 for each 3,412,000 Btus of the excess thermal energy used for the different purpose.
(c) Grants to States
In the case of any State that has achieved 80 percent or more of waste heat recovery opportunities identified by the Secretary under this part, the Administrator shall make a 1-time grant to the State in an amount of not more than $1,000 per megawatt of waste-heat capacity recovered (or a thermal equivalent) to support State-level programs to identify and achieve additional energy efficiency.
(d) Eligibility
The Secretary shall—
(1) establish rules and guidelines to establish eligibility for grants under subsection (b);
(2) publicize the availability of the grant program known to owners or operators of recoverable waste energy sources and sites listed on the Registry; and
(3) award grants under the program on the basis of the merits of each project in recovering or preventing waste energy throughout the United States on an impartial, objective, and not unduly discriminatory basis.
(e) Limitation
The Secretary shall not award grants to any person for a combined heat and power project or a waste heat recovery project that qualifies for specific Federal tax incentives for combined heat and power or for waste heat recovery.
(f) Authorization of appropriations
There are authorized to be appropriated to the Secretary—
(1) to make grants to projects and utilities under subsection (b)—
(A) $100,000,000 for fiscal year 2008 and $200,000,000 for each of fiscal years 2009 through 2012; and
(B) such additional amounts for fiscal year 2008 and each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and
(2) to make grants to States under subsection (b), $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.
(
Editorial Notes
Prior Provisions
A prior section 6343,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§6344. Additional incentives for recovery, use, and prevention of industrial waste energy
(a) Consideration of standard
(1) In general
Not later than 180 days after the receipt by a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority), or nonregulated electric utility, of a request from a project sponsor or owner or operator, the State regulatory authority or nonregulated electric utility shall—
(A) provide public notice and conduct a hearing respecting the standard established by subsection (b); and
(B) on the basis of the hearing, consider and make a determination whether or not it is appropriate to implement the standard to carry out the purposes of this part.
(2) Relationship to State law
For purposes of any determination under paragraph (1) and any review of the determination in any court, the purposes of this section supplement otherwise applicable State law.
(3) Nonadoption of standard
Nothing in this part prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to adopt any standard described in paragraph (1), pursuant to authority under otherwise applicable State law.
(b) Standard for sales of excess power
For purposes of this section, the standard referred to in subsection (a) shall provide that an owner or operator of a waste energy recovery project identified on the Registry that generates net excess power shall be eligible to benefit from at least 1 of the options described in subsection (c) for disposal of the net excess power in accordance with the rate conditions and limitations described in subsection (d).
(c) Options
The options referred to in subsection (b) are as follows:
(1) Sale of net excess power to utility
The electric utility shall purchase the net excess power from the owner or operator of the eligible waste energy recovery project during the operation of the project under a contract entered into for that purpose.
(2) Transport by utility for direct sale to third party
The electric utility shall transmit the net excess power on behalf of the project owner or operator to up to 3 separate locations on the system of the utility for direct sale by the owner or operator to third parties at those locations.
(3) Transport over private transmission lines
The State and the electric utility shall permit, and shall waive or modify such laws as would otherwise prohibit, the construction and operation of private electric wires constructed, owned, and operated by the project owner or operator, to transport the power to up to 3 purchasers within a 3-mile radius of the project, allowing the wires to use or cross public rights-of-way, without subjecting the project to regulation as a public utility, and according the wires the same treatment for safety, zoning, land use, and other legal privileges as apply or would apply to the wires of the utility, except that—
(A) there shall be no grant of any power of eminent domain to take or cross private property for the wires; and
(B) the wires shall be physically segregated and not interconnected with any portion of the system of the utility, except on the customer side of the revenue meter of the utility and in a manner that precludes any possible export of the electricity onto the utility system, or disruption of the system.
(4) Agreed on alternatives
The utility and the owner or operator of the project may reach agreement on any alternate arrangement and payments or rates associated with the arrangement that is mutually satisfactory and in accord with State law.
(d) Rate conditions and criteria
(1) Definitions
In this subsection:
(A) Per unit distribution costs
The term "per unit distribution costs" means (in kilowatt hours) the quotient obtained by dividing—
(i) the depreciated book-value distribution system costs of a utility; by
(ii) the volume of utility electricity sales or transmission during the previous year at the distribution level.
(B) Per unit distribution margin
The term "per unit distribution margin" means—
(i) in the case of a State-regulated electric utility, a per-unit gross pretax profit equal to the product obtained by multiplying—
(I) the State-approved percentage rate of return for the utility for distribution system assets; by
(II) the per unit distribution costs; and
(ii) in the case of a nonregulated utility, a per unit contribution to net revenues determined multiplying—
(I) the percentage (but not less than 10 percent) obtained by dividing—
(aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the prior year; by
(bb) the gross revenues of the utility during the prior year to obtain a percentage; by
(II) the per unit distribution costs.
(C) Per unit transmission costs
The term "per unit transmission costs" means the total cost of those transmission services purchased or provided by a utility on a per-kilowatt-hour basis as included in the retail rate of the utility.
(2) Options
The options described in paragraphs (1) and (2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined under paragraph (1) as applicable under the circumstances described in paragraph (3).
(3) Applicable rates
(A) Rates applicable to sale of net excess power
(i) In general
Sales made by a project owner or operator of a facility under the option described in subsection (c)(1) shall be paid for on a per kilowatt hour basis that shall equal the full undiscounted retail rate paid to the utility for power purchased by the facility minus per unit distribution costs, that applies to the type of utility purchasing the power.
(ii) Voltages exceeding 25 kilovolts
If the net excess power is made available for purchase at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be available for resale by the utility, the purchase price shall further be reduced by per unit transmission costs.
(B) Rates applicable to transport by utility for direct sale to third parties
(i) In general
Transportation by utilities of power on behalf of the owner or operator of a project under the option described in subsection (c)(2) shall incur a transportation rate that shall equal the per unit distribution costs and per unit distribution margin, that applies to the type of utility transporting the power.
(ii) Voltages exceeding 25 kilovolts
If the net excess power is made available for transportation at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be transported to the designated third-party purchasers, the transport rate shall further be increased by per unit transmission costs.
(iii) States with competitive retail markets for electricity
In a State with a competitive retail market for electricity, the applicable transportation rate for similar transportation shall be applied in lieu of any rate calculated under this paragraph.
(4) Limitations
(A) In general
Any rate established for sale or transportation under this section shall—
(i) be modified over time with changes in the underlying costs or rates of the electric utility; and
(ii) reflect the same time-sensitivity and billing periods as are established in the retail sales or transportation rates offered by the utility.
(B) Limitation
No utility shall be required to purchase or transport a quantity of net excess power under this section that exceeds the available capacity of the wires, meter, or other equipment of the electric utility serving the site unless the owner or operator of the project agrees to pay necessary and reasonable upgrade costs.
(e) Procedural requirements for consideration and determination
(1) Public notice and hearing
(A) In general
The consideration referred to in subsection (a) shall be made after public notice and hearing.
(B) Administration
The determination referred to in subsection (a) shall be—
(i) in writing;
(ii) based on findings included in the determination and on the evidence presented at the hearing; and
(iii) available to the public.
(2) Intervention by Administrator
The Administrator may intervene as a matter of right in a proceeding conducted under this section—
(A) to calculate—
(i) the energy and emissions likely to be saved by electing to adopt 1 or more of the options; and
(ii) the costs and benefits to ratepayers and the utility; and
(B) to advocate for the waste-energy recovery opportunity.
(3) Procedures
(A) In general
Except as otherwise provided in paragraphs (1) and (2), the procedures for the consideration and determination referred to in subsection (a) shall be the procedures established by the State regulatory authority or the nonregulated electric utility.
(B) Multiple projects
If there is more than 1 project seeking consideration simultaneously in connection with the same utility, the proceeding may encompass all such projects, if full attention is paid to individual circumstances and merits and an individual judgment is reached with respect to each project.
(f) Implementation
(1) In general
The State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility may, to the extent consistent with otherwise applicable State law—
(A) implement the standard determined under this section; or
(B) decline to implement any such standard.
(2) Nonimplementation of standard
(A) In general
If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement any standard established by this section, the authority or nonregulated electric utility shall state in writing the reasons for declining to implement the standard.
(B) Availability to public
The statement of reasons shall be available to the public.
(C) Annual report
The Administrator shall include in an annual report submitted to Congress a description of the lost opportunities for waste-heat recovery from the project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy and emissions savings calculated.
(D) New petition
If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement the standard established by this section, the project sponsor may submit a new petition under this section with respect to the project at any time after the date that is 2 years after the date on which the State regulatory authority or nonregulated utility declined to implement the standard.
(
Editorial Notes
Prior Provisions
Prior sections 6344 and 6344a were repealed by
Section 6344,
Section 6344a,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§6345. CHP Technical Assistance Partnership Program
(a) Renaming
(1) In general
The Clean Energy Application Centers of the Department of Energy are redesignated as the CHP Technical Assistance Partnership Program (referred to in this section as the "Program").
(2) Program description
The Program shall consist of—
(A) the 10 regional CHP Technical Assistance Partnerships in existence on December 27, 2020;
(B) such other regional CHP Technical Assistance Partnerships as the Secretary may establish with consideration given to establishing such partnerships in rural communities; and
(C) any supporting technical activities under the Technical Partnership Program of the Advanced Manufacturing Office.
(3) References
Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application Center or a Clean Energy Application Center shall be deemed to be a reference to the Program.
(b) CHP Technical Assistance Partnership Program
(1) In general
The Program shall—
(A) operate programs to encourage deployment of combined heat and power, waste heat to power, and efficient district energy (collectively referred to in this subsection as "CHP") technologies by providing education and outreach to—
(i) building, industrial, and electric and natural gas utility professionals;
(ii) State and local policymakers; and
(iii) other individuals and organizations with an interest in efficient energy use, local or opportunity fuel use, resiliency, or energy security, microgrids, and district energy; and
(B) provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities.
(2) Funding for certain activities
(A) In general
The Program shall make funds available to institutions of higher education, research centers, and other appropriate institutions to ensure the continued operations and effectiveness of the regional CHP Technical Assistance Partnerships.
(B) Use of funds
Funds made available under subparagraph (A) may be used—
(i) to collect and distribute informational materials relevant to manufacturers, commercial buildings, institutional facilities, and Federal sites, including continued support of the mission goals of the Department of Defense, on CHP and microgrid technologies, including continuation and updating of—
(I) the CHP installation database;
(II) CHP technology potential analyses;
(III) State CHP resource pages; and
(IV) CHP Technical Assistance Partnerships websites;
(ii) to produce and conduct workshops, reports, seminars, internet programs, CHP resiliency resources, and other activities to provide education to end users, regulators, and stakeholders in a manner that leads to the deployment of CHP technologies;
(iii) to provide or coordinate onsite assessments for sites and enterprises that may consider deployment of CHP technology, including the potential use of biomass CHP systems;
(iv) to identify candidates for deployment of CHP technologies, hybrid renewable-CHP technologies, biomass CHP, microgrids, and clean energy;
(v) to provide nonbiased engineering support to sites considering deployment of CHP technologies;
(vi) to assist organizations and communities, including rural communities, developing clean energy technologies and policies in overcoming barriers to deployment; and
(vii) to assist companies, communities (including rural communities), and organizations with field validation and performance evaluations of CHP and other clean energy technologies implemented.
(C) Duration
The Program shall make funds available under subparagraph (A) for a period of 5 years.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section $12,000,000 for each of fiscal years 2021 through 2025.
(
Editorial Notes
Prior Provisions
A prior section 6345,
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§6346. Sustainable manufacturing initiative
(a) In general
As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for—
(1) maximizing the energy efficiency of industrial processes and cross-cutting systems;
(2) preventing pollution and minimizing waste;
(3) improving efficient use of water in manufacturing processes;
(4) conserving natural resources; and
(5) achieving such other goals as the Secretary determines to be appropriate.
(b) Coordination
To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with—
(1) the Advanced Manufacturing Office of the Department of Energy;
(2) the Building Technologies Office of the Department of Energy;
(3) the Federal Energy Management Program of the Department of Energy; and
(4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology.
(c) Research and development program for sustainable manufacturing and industrial technologies and processes
As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.
(
Editorial Notes
Prior Provisions
A prior section 6346,
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§6347. Omitted
Editorial Notes
Codification
Section,
Section was enacted as part of the Energy Security Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
§6348. Energy efficiency in industrial facilities
(a) Grant program
(1) In general
The Secretary shall make grants to industry associations to support programs to improve energy efficiency in industry. In order to be eligible for a grant under this subsection, an industry association shall establish a voluntary energy efficiency improvement target program.
(2) Awarding of grants
The Secretary shall request project proposals and provide annual grants on a competitive basis. In evaluating grant proposals under this subsection, the Secretary shall consider—
(A) potential energy savings;
(B) potential environmental benefits;
(C) the degree of cost sharing;
(D) the degree to which new and innovative technologies will be encouraged;
(E) the level of industry involvement;
(F) estimated project cost-effectiveness; and
(G) the degree to which progress toward the energy improvement targets can be monitored.
(3) Eligible projects
Projects eligible for grants under this subsection may include the following:
(A) Workshops.
(B) Training seminars.
(C) Handbooks.
(D) Newsletters.
(E) Data bases.
(F) Other activities approved by the Secretary.
(4) Limitation on cost sharing
Grants provided under this subsection shall not exceed $250,000 and each grant shall not exceed 75 percent of the total cost of the project for which the grant is made.
(5) Authorization
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
(b) Award program
The Secretary shall establish an annual award program to recognize those industry associations or individual industrial companies that have significantly improved their energy efficiency.
(c) Report on industrial reporting and voluntary targets
Not later than one year after October 24, 1992, the Secretary shall, in consultation with affected industries, evaluate and report to the Congress regarding the establishment of Federally mandated energy efficiency reporting requirements and voluntary energy efficiency improvement targets for energy intensive industries. Such report shall include an evaluation of the costs and benefits of such reporting requirements and voluntary energy efficiency improvement targets, and recommendations regarding the role of such activities in improving energy efficiency in energy intensive industries.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
§6349. Process-oriented industrial energy efficiency
(a) Definitions
For the purposes of this section—
(1) the term "covered industry" means the food and food products industry, lumber and wood products industry, petroleum and coal products industry, and all other manufacturing industries specified in Standard Industrial Classification Codes 20 through 39 (or successor classification codes);
(2) the term "process-oriented industrial assessment" means—
(A) the identification of opportunities in the production process (from the introduction of materials to final packaging of the product for shipping) for—
(i) improving energy efficiency;
(ii) reducing environmental impact; and
(iii) designing technological improvements to increase competitiveness and achieve cost-effective product quality enhancement;
(B) the identification of opportunities for improving the energy efficiency of lighting, heating, ventilation, air conditioning, and the associated building envelope; and
(C) the identification of cost-effective opportunities for using renewable energy technology in the production process and in the systems described in subparagraph (B); and
(3) the term "utility" means any person, State agency (including any municipality), or Federal agency, which sells electric or gas energy to retail customers.
(b) Grant program
(1) Use of funds
The Secretary shall, to the extent funds are made available for such purpose, make grants to States which, consistent with State law, shall be used for the following purposes:
(A) To promote, through appropriate institutions such as universities, nonprofit organizations, State and local government entities, technical centers, utilities, and trade organizations, the use of energy-efficient technologies in covered industries.
(B) To establish programs to train individuals (on an industry-by-industry basis) in conducting process-oriented industrial assessments and to encourage the use of such trained assessors.
(C) To assist utilities in developing, testing, and evaluating energy efficiency programs and technologies for industrial customers in covered industries.
(2) Consultation
States receiving grants under this subsection shall consult with utilities and representatives of affected industries, as appropriate, in determining the most effective use of such funds consistent with the requirements of paragraph (1).
(3) Eligibility criteria
Not later than 1 year after October 24, 1992, the Secretary shall establish eligibility criteria for grants made pursuant to this subsection. Such criteria shall require a State applying for a grant to demonstrate that such State—
(A) pursuant to
(B) by legislation or regulation—
(i) allows utilities to recover the costs prudently incurred in providing process-oriented industrial assessments; and
(ii) encourages utilities to provide to covered industries—
(I) process-oriented industrial assessments; and
(II) financial incentives for implementing energy efficiency improvements.
(4) Allocation of funds
Grants made pursuant to this subsection shall be allocated each fiscal year among States meeting the criteria specified in paragraph (3) who have submitted applications 60 days before the first day of such fiscal year. Such allocation shall be made in accordance with a formula to be prescribed by the Secretary based on each State's share of value added in industry (as determined by the Census of Manufacturers) as a percentage of the value added by all such States.
(5) Renewal of grants
A grant under this subsection may continue to be renewed after 2 consecutive fiscal years during which a State receives a grant under this subsection, subject to the availability of funds, if—
(A) the Secretary determines that the funds made available to the State during the previous 2 years were used in a manner required under paragraph (1); and
(B) such State demonstrates, in a manner prescribed by the Secretary, utility participation in programs established pursuant to this subsection.
(6) Coordination with other Federal programs
In carrying out the functions described in paragraph (1), States shall, to the extent practicable, coordinate such functions with activities and programs conducted by the Energy Analysis and Diagnostic Centers of the Department of Energy and the Manufacturing Technology Centers of the National Institute of Standards and Technology.
(c) Other Federal assistance
(1) Assessment criteria
Not later than 2 years after October 24, 1992, the Secretary shall, by contract with nonprofit organizations with expertise in process-oriented industrial energy efficiency technologies, establish and, as appropriate, update criteria for conducting process-oriented industrial assessments on an industry-by-industry basis. Such criteria shall be made available to State and local government, public utility commissions, utilities, representatives of affected process-oriented industries, and other interested parties.
(2) Directory
The Secretary shall establish a nationwide directory of organizations offering industrial energy efficiency assessments, technologies, and services consistent with the purposes of this section. Such directory shall be made available to State governments, public utility commissions, utilities, industry representatives, and other interested parties.
(3) Award program
The Secretary shall establish an annual award program to recognize utilities operating outstanding or innovative industrial energy efficiency technology assistance programs.
(4) Meetings
In order to further the purposes of this section, the Secretary shall convene annual meetings of parties interested in process-oriented industrial assessments, including representatives of State government, public utility commissions, utilities, and affected process-oriented industries.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments
1998—Subsecs. (d), (e).
1995—Subsec. (d).
§6350. Industrial insulation and audit guidelines
(a) Voluntary guidelines for energy efficiency auditing and insulating
Not later than 18 months after October 24, 1992, the Secretary, after consultation with utilities, major industrial energy consumers, and representatives of the insulation industry, shall establish voluntary guidelines for—
(1) the conduct of energy efficiency audits of industrial facilities to identify cost-effective opportunities to increase energy efficiency; and
(2) the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities.
(b) Educational and technical assistance
The Secretary shall conduct a program of educational and technical assistance to promote the use of the voluntary guidelines established under subsection (a).
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments
1998—Subsec. (c).
"(1) a review of the status of industrial energy auditing procedures; and
"(2) an evaluation of the effectiveness of the guidelines established under subsection (a) of this section and the responsiveness of the industrial sector to such guidelines."
1995—Subsec. (c).
§6351. Coordination of research and development of energy efficient technologies for industry
(a) In general
As part of the research and development activities of the Advanced Manufacturing Office of the Department of Energy, the Secretary of Energy (referred to in this section as the "Secretary") shall establish, as appropriate, collaborative research and development partnerships with other programs within the Department of Energy that—
(1) leverage the research and development expertise of those programs to promote early stage energy efficiency technology development;
(2) support the use of innovative manufacturing processes and applied research for development, demonstration, and commercialization of new technologies and processes to improve efficiency (including improvements in efficient use of water), reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the Advanced Manufacturing Office to help achieve the program goals of the other programs.
(b) Reports
Not later than 2 years after December 18, 2012, and biennially thereafter, the Secretary shall submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions.
(
Editorial Notes
Codification
Section was enacted as part of the American Energy Manufacturing Technical Corrections Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments
2020—Subsec. (a).
Subsec. (a)(3).
Part D—Other Federal Energy Conservation Measures
Editorial Notes
Codification
This part, originally designated part E and subsequently redesignated part F by
§6361. Federal energy conservation programs
(a) Establishment and coordination of Federal agency actions
(1) The President shall, to the extent of his authority under other law, establish or coordinate Federal agency actions to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Government and all Federal agencies, and shall take such steps as are necessary to cause such standards to be implemented.
(2) The President shall develop and, to the extent of his authority under other law, implement a 10-year plan for energy conservation with respect to buildings owned or leased by an agency of the United States. Such plan shall include mandatory lighting efficiency standards, mandatory thermal efficiency standards and insulation requirements, restrictions on hours of operation, thermostat controls, and other conditions of operation, and plans for replacing or retrofitting to meet such standards.
(b) Public education programs
(1) The Secretary shall establish and carry out a responsible public education program—
(A) to encourage energy conservation and energy efficiency; or
(B) to promote van pooling and carpooling arrangements.
(2) For purposes of this subsection:
(A) The term "van" means any automobile which the Secretary determines is manufactured primarily for use in the transportation of not less than 8 individuals and not more than 15 individuals.
(B) The term "van pooling arrangement" means an arrangement for the transportation of employees between their residences or other designated locations and their place of employment on a nonprofit basis in which the operating costs of such arrangement are paid for by the employees utilizing such arrangement.
(c) Omitted
(d) Applicability of plan to Executive agencies
The plan developed by the President pursuant to subsection (a)(2) shall be applicable to Executive agencies as defined in
(e) Authorization of appropriations
In addition to funds authorized in any other law, there is authorized to be appropriated to the President for fiscal year 1978 not to exceed $25,000,000, and for fiscal year 1979 not to exceed $50,000,000, to carry out the purposes of subsection (a)(2).
(
Editorial Notes
Codification
Subsec. (c) of this section, which required the Secretary to include in the report required under
Amendments
1988—Subsec. (c).
1978—Subsec. (b).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Transfer of Functions
Functions vested in Secretary [formerly Administrator of Federal Energy Administration] under subsec. (b)(1)(B) of this section transferred to Secretary of Transportation by
Executive Documents
Ex. Ord. No. 12191. Federal Facility Ridesharing Program
Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to increase ridesharing as a means to conserve petroleum, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work, it is hereby ordered as follows:
1–1. Responsibilities of Executive Agencies
1–101. Executive agencies shall promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities. Agency actions pursuant to this Order shall be consistent with Circular A–118 issued by the Office of Management and Budget.
1–102. Agencies shall establish an annual ridesharing goal tailored to each facility, and expressed as a percentage of fulltime personnel working at that facility who use ridesharing in the commute between home and work. Agencies that share facilities or that are within easy walking distance of one another should coordinate their efforts to develop and implement ridesharing opportunities.
1–103. Agencies shall designate, in accordance with OMB Circular A–118, an employee transportation coordinator. Agencies that share facilities may designate a single transportation coordinator. The coordinator shall assist employees in forming carpools or vanpools (employee-owned or leased) and facilitate employee participation in ridesharing matching programs. The coordinator shall publicize within the facility the availability of public transportation. The coordinator shall also communicate employee needs for new or improved transportation service to the appropriate local public transit authorities or other organizations furnishing multi-passenger modes of travel.
1–104. Agencies shall report to the Administrator of General Services, hereinafter referred to as the Administrator, the goals established, the means developed to achieve those goals, and the progress achieved. These reports shall be in such form and frequency as the Administrator may require.
1–2. Responsibilities of the Administrator of General Services
1–201. The Administrator shall issue such regulations as are necessary to implement this Order.
1–202. The Administrator may exempt small, remotely located Federal facilities from the requirements of Sections 1–102, 1–103, and 1–104 on his own initiative or upon request of the agency. An exemption shall be granted in whole or in part when, in the judgment of the Administrator, the requirements of those Sections would not yield significant ridesharing benefits.
1–203. The Administrator shall, in consultation with the Secretary of Transportation, periodically provide agencies with guidelines, instructions, and other practical aids for establishing, implementing, and improving their ridesharing programs.
1–204. The Administrator shall assist in coordinating the ridesharing activities of the agencies with the efforts of the Department of Energy, under the Federal Energy Management Program and in the development of an emergency energy conservation plan for the Federal government.
1–205. The Administrator shall take into consideration the advice of the Environmental Protection Agency under the Clean Air Act, as amended [
1–206. The Administrator shall, in consultation with the Secretary of Transportation, report annually to the President on the performance of the agencies in implementing the policies and actions contained in this Order. The report shall include (a) an assessment of each agency's performance, including the reasonableness of its goals and the adequacy of its effort, (b) a comparison of private sector and State and local government ridesharing efforts with those of the Federal government, and (c) recommendations for additional actions necessary to remove barriers or to provide additional incentives to encourage more ridesharing by personnel at Federal facilities.
Jimmy Carter.
§6362. Energy conservation policies and practices
(a) "Agency" defined
In this section, "agency" means—
(1) the Department of Transportation with respect to part A of subtitle VII of
(2) the Interstate Commerce Commission;
(3) the Federal Maritime Commission; and
(4) the Federal Power Commission.
(b) Statement of probable impact of major regulatory action on energy efficiency
Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation.
(c) Application of provisions to authority exercised to protect public health and safety
Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.
(
Editorial Notes
Amendments
1994—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§6363. Federal actions with respect to recycled oil
(a) Purpose
The purposes of this section are—
(1) to encourage the recycling of used oil;
(2) to promote the use of recycled oil;
(3) to reduce consumption of new oil by promoting increased utilization of recycled oil; and
(4) to reduce environmental hazards and wasteful practices associated with the disposal of used oil.
(b) Definitions
As used in this section:
(1) the term "used oil" means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities.
(2) The term "recycled oil" means—
(A) used oil from which physical and chemical contaminants acquired through use have been removed by re-refining or other processing, or
(B) any blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives,
with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use.
(3) The term "new oil" means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil.
(4) The term "manufacturer" means any person who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-refined or otherwise processed used oil with new oil or additives.
(5) The term "Commission" means the Federal Trade Commission.
(c) Test procedures for determining substantial equivalency of recycled oil and new oil
As soon as practicable after December 22, 1975, the National Institute of Standards and Technology shall develop test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as practicable after development of such test procedures, the National Institute of Standards and Technology shall report such procedures to the Commission.
(d) Promulgation of rules prescribing test procedures and labeling standards
(1)(A) Within 90 days after the date on which the Commission receives the report under subsection (c), the Commission shall, by rule, prescribe—
(i) test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil distributed for a particular end use; and
(ii) labeling standards applicable to containers of recycled oil in order to carry out the purposes of this section.
(B) Such labeling standards shall permit any container of recycled oil to bear a label indicating any particular end use for which a determination of substantial equivalency has been made pursuant to subparagraph (A)(i).
(2) Not later than the expiration of such 90-day period, the Administrator of the Environmental Protection Agency shall, by rule, prescribe labeling standards applicable to containers of new oil, used oil, and recycled oil relating to the proper disposal of such oils after use. Such standards shall be designed to reduce, to the maximum extent practicable, environmental hazards and wasteful practices associated with the disposal of such oils after use.
(e) Labeling standards
Beginning on the effective date of the standards prescribed pursuant to subsection (d)(1)(A)—
(1) no rule or order of the Commission, other than the rules required to be prescribed pursuant to subsection (d)(1)(A), and no law, regulation, or order of any State or political subdivision thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any container of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d)(1)(A), to bear any label with respect to the comparative characteristics of such recycled oil with new oil which is not identical to that permitted by the rule respecting labeling standards prescribed under subsection (d)(1)(A)(ii); and
(2) no rule or order of the Commission may require any container of recycled oil to also bear a label containing any term, phrase, or description which connotes less than substantial equivalency of such recycled oil with new oil.
(f) Conformity of acts of Federal officials to Commission rules
After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, including—
(1) revising procurement policies to encourage procurement of recycled oil for military and nonmilitary Federal uses whenever such recycled oil is available at prices competitive with new oil procured for the same end use; and
(2) educating persons employed by Federal and State governments and private sectors of the economy of the merits of recycled oil, the need for its use in order to reduce the drain on the Nation's oil reserves, and proper disposal of used oil to avoid waste of such oil and to minimize environmental hazards associated with improper disposal.
(
Editorial Notes
Amendments
1988—Subsec. (c).
Statutory Notes and Related Subsidiaries
Applicability of Labeling Standards
§6364. Operation of battery recharging stations in parking areas used by Federal employees
(1) Authorization
(A) In general
The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the General Services Administration for the use of only privately owned vehicles of employees of the General Services Administration, tenant Federal agencies, and others who are authorized to park in such area to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.
(B) Areas under other Federal agencies
The Administrator of General Services (on the request of a Federal agency) or the head of a Federal agency may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the requesting Federal agency, to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.
(C) Use of vendors
The Administrator of General Services, with respect to subparagraph (A) or (B), or the head of a Federal agency, with respect to subparagraph (B), may carry out such subparagraph through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the Federal agency and the vendor of the costs of carrying out the contract) as the Administrator or the head of the Federal agency, as the case may be, and the vendor may agree to.
(2) Imposition of fees to cover costs
(A) Fees
The Administrator of General Services or the head of the Federal agency under paragraph (1)(B) shall charge fees to the individuals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing, constructing, operating, and maintaining the station.
(B) Deposit and availability of fees
Any fees collected by the Administrator of General Services or the Federal agency, as the case may be, under this paragraph shall be—
(i) deposited monthly in the Treasury to the credit of the respective agency's appropriations account for the operations of the building where the battery recharging station is located; and
(ii) available for obligation without further appropriation during—
(I) the fiscal year collected; and
(II) the fiscal year following the fiscal year collected.
(3) No effect on existing programs for House and Senate
Nothing in this subsection affects the installation, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol—
(A) under
(B) under
(4) No effect on similar authorities
Nothing in this subsection—
(A) repeals or limits any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations; or
(B) requires a Federal agency to seek reimbursement for the costs of installing or constructing a battery recharging station—
(i) that has been installed or constructed prior to December 4, 2015;
(ii) that is installed or constructed for Federal fleet vehicles, but that receives incidental use to recharge privately owned vehicles; or
(iii) that is otherwise installed or constructed pursuant to appropriations for that purpose.
(5) Annual report to Congress
Not later than 2 years after December 4, 2015, and annually thereafter for 10 years, the Administrator of General Services shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing—
(A) the number of battery recharging stations installed by the Administrator on the Administrator's own initiative under this subsection;
(B) requests from other Federal agencies to install battery recharging stations; and
(C) the status and disposition of requests from other Federal agencies.
(6) Federal agency defined
In this subsection, the term "Federal agency" has the meaning given the term "Executive agency" in
(A) the United States Postal Service;
(B) the Executive Office of the President;
(C) the military departments (as defined in
(D) the judicial branch.
(7) Effective date
This subsection shall apply with respect to fiscal year 2016 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section was enacted as part of the Fixing America's Surface Transportation Act, also known as the FAST Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
Part E—Energy Conservation Program for Schools and Hospitals
Editorial Notes
Codification
This part was, in the original, designated part G and has been changed to part E for purposes of codification.
§6371. Definitions
For the purposes of this part—
(1) The term "building" means any structure the construction of which was completed on or before May 1, 1989, which includes a heating or cooling system, or both.
(2) The term "energy conservation measure" means an installation or modification of an installation in a building which is primarily intended to maintain or reduce energy consumption and reduce energy costs or allow the use of an alternative energy source, including, but not limited to—
(A) insulation of the building structure and systems within the building;
(B) storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;
(C) automatic energy control systems and load management systems;
(D) equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;
(E) solar space heating or cooling systems, solar electric generating systems, or any combination thereof;
(F) solar water heating systems;
(G) furnace or utility plant and distribution system modifications including—
(i) replacement burners, furnaces, boilers, or any combination thereof, which substantially increases the energy efficiency of the heating system,
(ii) devices for modifying flue openings which will increase the energy efficiency of the heating system,
(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights, and
(iv) utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources, including coal;
(H) caulking and weatherstripping;
(I) replacement or modification of lighting fixtures which replacement or modification increases the energy efficiency of the lighting system without increasing the overall illumination of a facility (unless such increase in illumination is necessary to conform to any applicable State or local building code or, if no such code applies, the increase is considered appropriate by the Secretary);
(J) energy recovery systems;
(K) cogeneration systems which produce steam or forms of energy such as heat, as well as electricity for use primarily within a building or a complex of buildings owned by a school or hospital and which meet such fuel efficiency requirements as the Secretary may by rule prescribe;
(L) such other measures as the Secretary identifies by rule for purposes of this part; and
(M) such other measures as a grant applicant shows will save a substantial amount of energy and as are identified in an energy audit prescribed pursuant to
(3) The term "hospital" means a public or nonprofit institution which is—
(A) a general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care; and
(B) duly authorized to provide hospital services under the laws of the State in which it is situated.
(4) The term "hospital facilities" means buildings housing a hospital and related facilities, including laboratories, outpatient departments, nurses' home and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health professions personnel operated as an integral part of a hospital.
(5) The term "public or nonprofit institution" means an institution owned and operated by—
(A) a State, a political subdivision of a State or an agency or instrumentality of either, or
(B) an organization exempt from income tax under
(6) The term "school" means a public or nonprofit institution which—
(A) provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis;
(B)(i) provides, and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis;
(ii) admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate;
(iii) is accredited by a nationally recognized accrediting agency or association; and
(iv) provides an educational program for which it awards a bachelor's degree or higher degree or provides not less than a two-year program which is acceptable for full credit toward such a degree at any institution which meets the requirements of clauses (i), (ii), and (iii) and which provides such a program;
(C) provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (i), (ii), and (iii) of subparagraph (B); or
(D) is a local educational agency.
(7) The term "local education agency" means a public board of education or other public authority or a nonprofit institution legally constituted within, or otherwise recognized by, a State for either administrative control or direction of, or to perform administrative services for, a group of schools within a State.
(8) The term "school facilities" means buildings housing classrooms, laboratories, dormitories, administrative facilities, athletic facilities, or related facilities operated in connection with a school.
(9) The term "State" means, in addition to the several States of the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(10) The term "State energy agency" means the State agency responsible for developing State energy conservation plans pursuant to
(11) The term "State school facilities agency" means an existing agency which is broadly representative of public institutions of higher education, nonprofit institutions of higher education, public elementary and secondary schools, nonprofit elementary and secondary schools, public vocational education institutions, nonprofit vocational education institutions, and the interests of handicapped persons, in a State or, if no such agency exists, an agency which is designated by the Governor of such State which conforms to the requirements of this paragraph.
(12) The term "State hospital facilities agency" means an existing agency which is broadly representative of the public hospitals and the nonprofit hospitals, or, if no such agency exists, an agency designated by the Governor of such State which conforms to the requirements of this paragraph.
(13) The term "energy audit" means a determination of the energy consumption characteristics of a building which—
(A) identifies the type, size, and rate of energy consumption of such building and the major energy using systems of such building;
(B) determines appropriate energy conservation maintenance and operating procedures; and
(C) indicates the need, if any, for the acquisition and installation of energy conservation measures.
(14) The term "preliminary energy audit" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption and major energy-using systems of such building.
(15) The term "energy conservation project" means—
(A) an undertaking to acquire and to install one or more energy conservation measures in school or hospital facilities and
(B) technical assistance in connection with any such undertaking and technical assistance as described in paragraph (17)(A).
(16) The term "energy conservation project costs" includes only costs incurred in the design, acquisition, construction, and installation of energy conservation measures and technical assistance costs.
(17) The term "technical assistance" means assistance, under rules promulgated by the Secretary, to States, schools, and hospitals—
(A) to conduct specialized studies identifying and specifying energy savings or energy cost savings that are likely to be realized as a result of (i) modification of maintenance and operating procedures in a building, or (ii) the acquisition and installation of one or more specified energy conservation measures in such building, or (iii) both, and
(B) the planning or administration of specific remodeling, renovation, repair, replacement, or insulation projects related to the installation of energy conservation measures in such building.
(18) The term "technical assistance costs" means costs incurred for the use of existing personnel or the temporary employment of other qualified personnel (or both such types of personnel) necessary for providing technical assistance.
(19) The term "energy conservation maintenance and operating procedure" means modification or modifications in the maintenance and operations of a building, and any installations therein, which are designed to reduce energy consumption in such building and which require no significant expenditure of funds.
(20) The term "Secretary" means the Secretary of Energy or his designee.
(21) The term "Governor" means the chief executive officer of a State or his designee.
(
Editorial Notes
Amendments
1998—Par. (2)(B).
1990—Par. (1).
Par. (2).
Par. (8).
Par. (17)(A).
1986—Par. (5)(B).
1984—Par. (9).
Statutory Notes and Related Subsidiaries
Separability
Congressional Statement of Findings and Purposes
"(a)
"(1) the Nation's nonrenewable energy resources are being rapidly depleted;
"(2) schools and hospitals are major consumers of energy, and have been especially burdened by rising energy prices and fuel shortages;
"(3) substantial energy conservation can be achieved in schools and hospitals through the implementation of energy conservation maintenance and operating procedures and the installation of energy conservation measures; and
"(4) public and nonprofit schools and hospitals in many instances need financial assistance in order to make the necessary improvements to achieve energy conservation.
"(b)
§6371a. Guidelines
(a) Energy audits
The Secretary shall, by rule, not later than 60 days after November 9, 1978—
(1) prescribe guidelines for the conduct of preliminary energy audits, including a description of the type, number, and distribution of preliminary energy audits of school and hospital facilities that will provide a reasonably accurate evaluation of the energy conservation needs of all such facilities in each State, and
(2) prescribe guidelines for the conduct of energy audits.
(b) State plans for implementation of energy conservation projects in schools and hospitals
The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of energy conservation projects in schools and hospitals. The guidelines shall include—
(1) a description of the factors which the State energy agency may consider in determining which energy conservation projects will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy savings, and energy conservation goals,
(2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to implement energy conservation projects, and
(3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation.
(c) Revisions
Guidelines prescribed under this section may be revised from time to time after notice and opportunity for comment.
(d) Determination of severe hardship class for schools and hospitals
The Secretary shall, by rule prescribe criteria for determining schools and hospitals which are in a class of severe hardship. Such criteria shall take into account climate, fuel costs, fuel availability, ability to provide the non-Federal share of the costs, and such other factors that he deems appropriate.
(
§6371b. Preliminary energy audits and energy audits
(a) Application by Governor
The Governor of any State may apply to the Secretary at such time as the Secretary may specify after promulgation of guidelines under
(b) Grants for conduct of preliminary energy audits
Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting preliminary energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under
(c) Grants for conduct of energy audits
Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under
(d) Audits conducted prior to grant of financial assistance
If a State without the use of financial assistance under this section, conducts preliminary energy audits or energy audits which comply with the guidelines prescribed by the Secretary or which are approved by the Secretary the funds allocated for purposes of this section shall be added to the funds available for energy conservation projects for such State and shall be in addition to amounts otherwise available for such purposes.
(e) Restriction on use of funds; grant covering total cost of energy audits
(1) Except as provided in paragraph (2), amounts made available under this section (together with any other amounts made available from other Federal sources) may not be used to pay more than 50 percent of the costs of any preliminary energy audit or any energy audit.
(2) Upon the request of the Governor, the Secretary may make grants to a State for up to 100 percent of the costs of any preliminary energy audits and energy audits, subject to the requirements of
(
§6371c. State plans
(a) Invitation to State energy agency to submit plan; contents
The Secretary shall invite the State energy agency of each State to submit, within 90 days after the effective date of the guidelines prescribed pursuant to
(1) the results of preliminary energy audits conducted in accordance with the guidelines prescribed under
(2) a recommendation as to the types of energy conservation projects considered appropriate for schools and hospitals in such State, together with an estimate of the costs of carrying out such projects in each year for which funds are appropriated;
(3) a program for identifying persons qualified to carry out energy conservation projects;
(4) procedures to insure that funds will be allocated among eligible applicants for energy conservation projects within such State, including procedures—
(A) to insure that funds will be allocated on the basis of relative need taking into account such factors as cost, energy consumption and energy savings, and
(B) to insure that equitable consideration is given to all eligible public or nonprofit institutions regardless of size and type of ownership;
(5) a statement of the extent to which, and by which methods, such State will encourage utilization of solar space heating, cooling, and electric systems and solar water heating systems where appropriate;
(6) procedures to assure that all assistance under this part in such State will be expended in compliance with the requirements of an approved State plan for such State, and in compliance with the requirements of this part;
(7) procedures to insure implementation of energy conserving maintenance and operating procedures in those facilities for which projects are proposed; and
(8) policies and procedures designed to assure that financial assistance provided under this part in such State will be used to supplement, and not to supplant, State, local, or other funds.
(b) Approval of plans
The Secretary shall review and approve or disapprove each State plan not later than 60 days after receipt by the Secretary. If such plan meets the requirements of subsection (a), the Secretary shall approve the plan. If a State plan submitted within the 90-day period specified in subsection (a) has not been disapproved within the 60-day period following its receipt by the Secretary, such plan shall be treated as approved by the Secretary. A State energy agency may submit a new or amended plan at any time after the submission of the original plan if the agency obtains the consent of the Secretary.
(c) Development and implementation of approved plans; submission of proposed State plan
(1) If a State plan has not been approved under this section within 2 years and 90 days after November 9, 1978, or within 90 days after the completion of the preliminary audits under
(2) Notwithstanding any other provision contained in this section, a State may, at any time, submit a proposed State plan for such State under this section. The Secretary shall approve or disapprove such plan not later than 60 days after receipt by the Secretary. If such plan meets the requirements of subsection (a) and is not inconsistent with any plan developed and implemented by the Secretary under paragraph (1), the Secretary shall approve the plan and withdraw any such plan developed and implemented by the Secretary.
(
Editorial Notes
Amendments
1998—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3), (5).
Subsec. (a)(6).
§6371d. Applications for financial assistance
(a) Limitation on number of applications by States, schools, and hospitals; submittal to State energy agency
Applications of States, schools, and hospitals for financial assistance under this part for energy conservation projects shall be made not more than once for any fiscal year. Schools and hospitals applying for such financial assistance shall submit their applications to the State energy agency and the State energy agency shall make a single submittal to the Secretary, containing all applications which comply with the State plan.
(b) Required information
Applications for financial assistance under this part for energy conservation projects shall contain, or shall be accompanied by, such information as the Secretary may reasonably require, including the results of energy audits which comply with guidelines under this part. The annual submittal to the Secretary by the State energy agency under subsection (a) shall include a listing and description of energy conservation projects proposed to be funded within the State during the fiscal year for which such application is made, and such information concerning expected expenditures as the Secretary may, by rule, require.
(c) Conditions for financial assistance; applications consistent with related State programs and health plans
(1) The Secretary may not provide financial assistance to States, schools, or hospitals for energy conservation projects unless the application for a grant for such project is submitted through, or approved by the appropriate State hospital facilities agency or State school facilities agency, respectively, and determined by the State energy agency to comply with the State plan.
(2) Applications of States, schools, and hospitals and State plans pursuant to this part shall be consistent with—
(A) related State programs for educational facilities in such State, and
(B) State health plans under section 300m–3(c)(2) 1 and 300o–2 1 of this title, and shall be coordinated through the review mechanisms required under section 300m–2 1 of this title and
(d) Compliance required for approval; reasons for disapproval; resubmittal; amendment
The Secretary shall approve such applications submitted by a State energy agency as he determines to be in compliance with this section and with the requirements of the applicable State plan approved under
(e) Suspension of further assistance for failure to comply
Whenever the Secretary, after reasonable notice and opportunity for hearing to any State, school, or hospital receiving assistance under this part, finds that there has been a failure to comply substantially with the provisions set forth in the application approved under this section, the Secretary shall notify the State, school, or hospital that further assistance will not be made available to such State, school or hospital under this part until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied no further assistance shall be made to such State, school, or hospital under this part.
(
Editorial Notes
References in Text
Section 300o–2 of this title, referred to in subsec. (c)(2)(B), was repealed by
1 See References in Text note below.
§6371e. Grants for project costs and technical assistance
(a) Authorization of Secretary; project costs
The Secretary may make grants to schools and hospitals for carrying out energy conservation projects the applications for which have been approved under
(b) Restrictions on use of funds
(1) Except as provided in paragraph (2), amounts made available for purposes of this section (together with any amounts available for such purposes from other Federal sources) may not be used to pay more than 50 percent of the costs of any energy conservation project. The non-Federal share of the costs of any such energy conservation project may be provided by using programs of innovative financing for energy conservation projects (including, but not limited to, loan programs and performance contracting), even if, pursuant to such financing, clear title to the equipment does not pass to the school or hospital until after the grant is completed.
(2) Amounts made available for purposes of this section (together with any amounts available for such purposes from other Federal sources) may be used to pay not to exceed 90 percent of the costs of an energy conservation project if the Secretary determines that a project meets the hardship criteria of
(c) Allocation requirements
Grants made under this section in any State in any year shall be made in accordance with the requirements contained in
(d) Technical assistance costs
(1) The Secretary may make grants to States for paying technical assistance costs. Schools in any State shall not be allocated less than 30 percent of the funds for energy conservation projects within such State and hospitals in any State shall not be allocated less than 30 percent of such funds.
(2) A State may utilize up to 100 percent of the funds provided by the Secretary under this part for any fiscal year for program and technical assistance and up to 50 percent of such funds for marketing and other costs associated with leveraging of non-Federal funds for carrying out this part and may administer a continuous and consecutive application and award procedure for providing program and technical assistance under this part in accordance with regulations that the Secretary shall establish, if the State—
(A) has adopted a State plan in accordance with
(B) certifies to the Secretary that not more than 15 percent of the aggregate amount of Federal and non-Federal funds used by the State to provide program and technical assistance, implement energy conservation measures, and otherwise carry out a program pursuant to this part for the fiscal year concerned will be expended for program and technical assistance and for marketing and other costs associated with leveraging of non-Federal funds for such program.
(
Editorial Notes
Amendments
1990—Subsec. (b)(1).
Subsec. (d).
Subsec. (e).
§6371f. Authorization of appropriations
For the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1999 through 2003 such sums as may be necessary.
(
Editorial Notes
Amendments
1998—
1990—
§6371g. Allocation of grants
(a) Section 6371e grants
(1) Except as otherwise provided in subsection (b), the Secretary shall allocate 90 percent of the amounts made available under section 6371f(b) 1 of this title in any year for purposes of making energy conservation project grants pursuant to
(A) Eighty percent of amounts made available under section 6371f(b) 1 of this title shall be allocated among the States in accordance with a formula to be prescribed, by rule, by the Secretary, taking into account population and climate of each State, and such other factors as the Secretary may deem appropriate.
(B) Ten percent of amounts made available under section 6371f(b) 1 of this title shall be allocated among the States in such manner as the Secretary determines by rule after taking into account the availability and cost of fuel or other energy used in, and the amount of fuel or other energy consumed by, schools and hospitals in the States, and such other factors as he deems appropriate.
(2) The Secretary shall allocate 10 percent of the amounts made available under section 6371f(b) 1 of this title in any year for purposes of making grants as provided under
(3) In the case of any State which received for any fiscal year an amount which exceeded 50 percent of the cost of any energy audit as provided in
(b) Restrictions on allocations to States
The total amount allocated to any State under subsection (a) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). Except for the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands, not less than 0.5 percent of such total allocation to all States for that year shall be allocated in such year for the total of grants to States and to schools and hospitals in each State which has an approved State plan under this part.
(c) Prescription of rules governing allocations among States with regard to energy audits
Not later than 60 days after November 9, 1978, the Secretary shall prescribe rules governing the allocation among the States of funds for grants for preliminary energy audits and energy audits. Such rules shall take into account the population and climate of such States and such other factors as he may deem appropriate.
(d) Prescription of rules limiting allocations to States for administrative expenses
The Secretary shall prescribe rules limiting the amount of funds allocated to a State which may be expended for administrative expenses by such State.
(e) Reallocations
Funds allocated for projects in any States for a fiscal year under this section but not obligated in such fiscal year shall be available for reallocation under subsection (a) of this section in the subsequent fiscal year.
(
Editorial Notes
References in Text
Amendments
1984—Subsec. (b).
1 See References in Text note below.
§6371h. Administration; detailed description in annual report
(a) The Secretary may prescribe such rules as may be necessary in order to carry out the provisions of this part.
(b) The Secretary shall include in his annual report a detailed description of the actions taken under this part in the preceding fiscal year and the actions planned to be taken in the subsequent fiscal year. Such description shall show the allocations made (including the allocations made to each State) and include information on the types of conservation measures implemented, with funds allocated, and an estimate of the energy savings achieved.
(
Editorial Notes
Amendments
1980—Subsec. (b).
§6371h–1. Energy sustainability and efficiency grants and loans for institutions
(a) Definitions
In this section:
(1) Combined heat and power
The term "combined heat and power" means the generation of electric energy and heat in a single, integrated system, with an overall thermal efficiency of 60 percent or greater on a higher-heating-value basis.
(2) District energy systems
The term "district energy systems" means systems providing thermal energy from a renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities through pipes or other means to provide space heating, space conditioning, hot water, steam, compression, process energy, or other end uses for that energy.
(3) Energy sustainability
The term "energy sustainability" includes using a renewable energy source, thermal energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other energy services in fixed installations.
(4) Institution of higher education
The term "institution of higher education" has the meaning given the term in
(5) Institutional entity
The term "institutional entity" means an institution of higher education, a public school district, a local government, a municipal utility, or a designee of 1 of those entities.
(6) Renewable energy source
The term "renewable energy source" has the meaning given the term in
(7) Sustainable energy infrastructure
The term "sustainable energy infrastructure" means—
(A) facilities for production of energy from renewable energy sources, thermal energy sources, or highly efficient technologies, including combined heat and power or other waste heat use; and
(B) district energy systems.
(8) Thermal energy source
The term "thermal energy source" means—
(A) a natural source of cooling or heating from lake or ocean water; and
(B) recovery of useful energy that would otherwise be wasted from ongoing energy uses.
(b) Technical assistance grants
(1) In general
Subject to the availability of appropriated funds, the Secretary shall implement a program of information dissemination and technical assistance to institutional entities to assist the institutional entities in identifying, evaluating, designing, and implementing sustainable energy infrastructure projects in energy sustainability.
(2) Assistance
The Secretary shall support institutional entities in—
(A) identification of opportunities for sustainable energy infrastructure;
(B) understanding the technical and economic characteristics of sustainable energy infrastructure;
(C) utility interconnection and negotiation of power and fuel contracts;
(D) understanding financing alternatives;
(E) permitting and siting issues;
(F) obtaining case studies of similar and successful sustainable energy infrastructure systems; and
(G) reviewing and obtaining computer software for assessment, design, and operation and maintenance of sustainable energy infrastructure systems.
(3) Eligible costs for technical assistance grants
On receipt of an application of an institutional entity, the Secretary may make grants to the institutional entity to fund a portion of the cost of—
(A) feasibility studies to assess the potential for implementation or improvement of sustainable energy infrastructure;
(B) analysis and implementation of strategies to overcome barriers to project implementation, including financial, contracting, siting, and permitting barriers; and
(C) detailed engineering of sustainable energy infrastructure.
(c) Grants for energy efficiency improvement and energy sustainability
(1) Grants
(A) In general
The Secretary shall award grants to institutional entities to carry out projects to improve energy efficiency on the grounds and facilities of the institutional entity.
(B) Requirement
To the extent that applications have been submitted, grants under subparagraph (A) shall include not less than 1 grant each year to an institution of higher education in each State.
(C) Minimum funding
Not less than 50 percent of the total funding for all grants under this subsection shall be awarded in grants to institutions of higher education.
(2) Criteria
Evaluation of projects for grant funding shall be based on criteria established by the Secretary, including criteria relating to—
(A) improvement in energy efficiency;
(B) reduction in greenhouse gas emissions and other air emissions, including criteria air pollutants and ozone-depleting refrigerants;
(C) increased use of renewable energy sources or thermal energy sources;
(D) reduction in consumption of fossil fuels;
(E) active student participation; and
(F) need for funding assistance.
(3) Condition
As a condition of receiving a grant under this subsection, an institutional entity shall agree—
(A) to implement a public awareness campaign concerning the project in the community in which the institutional entity is located; and
(B) to submit to the Secretary, and make available to the public, reports on any efficiency improvements, energy cost savings, and environmental benefits achieved as part of a project carried out under paragraph (1), including quantification of the results relative to the criteria described under paragraph (2).
(d) Grants for innovation in energy sustainability
(1) Grants
(A) In general
The Secretary shall award grants to institutional entities to engage in innovative energy sustainability projects.
(B) Requirement
To the extent that applications have been submitted, grants under subparagraph (A) shall include not less than 2 grants each year to institutions of higher education in each State.
(C) Minimum funding
Not less than 50 percent of the total funding for all grants under this subsection shall be awarded in grants to institutions of higher education.
(2) Innovation projects
An innovation project carried out with a grant under this subsection shall—
(A) involve—
(i) an innovative technology that is not yet commercially available; or
(ii) available technology in an innovative application that maximizes energy efficiency and sustainability;
(B) have the greatest potential for testing or demonstrating new technologies or processes; and
(C) to the extent undertaken by an institution of higher education, ensure active student participation in the project, including the planning, implementation, evaluation, and other phases of projects.
(3) Condition
As a condition of receiving a grant under this subsection, an institutional entity shall agree to submit to the Secretary, and make available to the public, reports that describe the results of the projects carried out using grant funds.
(e) Allocation to institutions of higher education with small endowments
(1) In general
Of the total amount of grants provided to institutions of higher education for a fiscal year under this section, the Secretary shall provide not less than 50 percent of the amount to institutions of higher education that have an endowment of not more than $100,000,000.
(2) Requirement
To the extent that applications have been submitted, at least 50 percent of the amount described in paragraph (1) shall be provided to institutions of higher education that have an endowment of not more than $50,000,000.
(f) Grant amounts
(1) In general
If the Secretary determines that cost sharing is appropriate, the amounts of grants provided under this section shall be limited as provided in this subsection.
(2) Technical assistance grants
In the case of grants for technical assistance under subsection (b), grant funds shall be available for not more than—
(A) an amount equal to the lesser of—
(i) $50,000; or
(ii) 75 percent of the cost of feasibility studies to assess the potential for implementation or improvement of sustainable energy infrastructure;
(B) an amount equal to the lesser of—
(i) $90,000; or
(ii) 60 percent of the cost of guidance on overcoming barriers to project implementation, including financial, contracting, siting, and permitting barriers; and
(C) an amount equal to the lesser of—
(i) $250,000; or
(ii) 40 percent of the cost of detailed engineering and design of sustainable energy infrastructure.
(3) Grants for efficiency improvement and energy sustainability
In the case of grants for efficiency improvement and energy sustainability under subsection (c), grant funds shall be available for not more than an amount equal to the lesser of—
(A) $1,000,000; or
(B) 60 percent of the total cost.
(4) Grants for innovation in energy sustainability
In the case of grants for innovation in energy sustainability under subsection (d), grant funds shall be available for not more than an amount equal to the lesser of—
(A) $500,000; or
(B) 75 percent of the total cost.
(g) Loans for energy efficiency improvement and energy sustainability
(1) In general
Subject to the availability of appropriated funds, the Secretary shall provide loans to institutional entities for the purpose of implementing energy efficiency improvements and sustainable energy infrastructure.
(2) Terms and conditions
(A) In general
Except as otherwise provided in this paragraph, loans made under this subsection shall be on such terms and conditions as the Secretary may prescribe.
(B) Maturity
The final maturity of loans made within a period shall be the lesser of, as determined by the Secretary—
(i) 20 years; or
(ii) 90 percent of the useful life of the principal physical asset to be financed by the loan.
(C) Default
No loan made under this subsection may be subordinated to another debt contracted by the institutional entity or to any other claims against the institutional entity in the case of default.
(D) Benchmark interest rate
(i) In general
Loans under this subsection shall be at an interest rate that is set by reference to a benchmark interest rate (yield) on marketable Treasury securities with a similar maturity to the direct loans being made.
(ii) Minimum
The minimum interest rate of loans under this subsection shall be at the interest rate of the benchmark financial instrument.
(iii) New loans
The minimum interest rate of new loans shall be adjusted each quarter to take account of changes in the interest rate of the benchmark financial instrument.
(E) Credit risk
The Secretary shall—
(i) prescribe explicit standards for use in periodically assessing the credit risk of making direct loans under this subsection; and
(ii) find that there is a reasonable assurance of repayment before making a loan.
(F) Advance budget authority required
New direct loans may not be obligated under this subsection except to the extent that appropriations of budget authority to cover the costs of the new direct loans are made in advance, as required by
(3) Criteria
Evaluation of projects for potential loan funding shall be based on criteria established by the Secretary, including criteria relating to—
(A) improvement in energy efficiency;
(B) reduction in greenhouse gas emissions and other air emissions, including criteria air pollutants and ozone-depleting refrigerants;
(C) increased use of renewable electric energy sources or renewable thermal energy sources;
(D) reduction in consumption of fossil fuels; and
(E) need for funding assistance, including consideration of the size of endowment or other financial resources available to the institutional entity.
(4) Labor standards
(A) In general
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, repair, or alteration work funded in whole or in part under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with
(B) Authority and functions
The Secretary of Labor shall have, with respect to the labor standards specified in paragraph (1), the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 3176;
(h) Program procedures
Not later than 180 days after December 19, 2007, the Secretary shall establish procedures for the solicitation and evaluation of potential projects for grant and loan funding and administration of the grant and loan programs.
(i) Authorization
(1) Grants
There is authorized to be appropriated for the cost of grants authorized in subsections (b), (c), and (d) $250,000,000 for each of fiscal years 2009 through 2013, of which not more than 5 percent may be used for administrative expenses.
(2) Loans
There is authorized to be appropriated for the initial cost of direct loans authorized in subsection (g) $500,000,000 for each of fiscal years 2009 through 2013, of which not more than 5 percent may be used for administrative expenses.
(
Editorial Notes
References in Text
Reorganization Plan Number 14 of 1950, referred to in subsec. (g)(4)(B), is set out in the Appendix to Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§6371i. Records
Each recipient of assistance under this part shall keep such records, provide such reports, and furnish such access to books and records as the Secretary may by rule prescribe.
(
Editorial Notes
Amendments
1998—
§6371j. Application of sections 3141–3144, 3146, and 3147 of title 40
No grant for a project (other than so much of a grant as is used for a preliminary energy audit, energy audit, or technical assistance or a grant the total project cost of which is $5,000 or less, excluding costs for a preliminary energy audit, energy audit, or technical assistance) shall be made under this part or part 1 unless the Secretary finds that all laborers and mechanics employed by contractors or subcontractors in the performance of work on any construction utilizing such grants will be paid at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with
(
Editorial Notes
References in Text
This part, referred to in text, means part 2 (§§310–312) of title III of
Part 1, referred to in text, means part 1 (§§301–304) of title III of
Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.
Codification
In text, "
Section was enacted as a part of the National Energy Conservation Policy Act, and not as a part of the Energy Policy and Conservation Act which comprises this chapter, and consequently is not a part of part E of this subchapter.
§6371k. Coordination of energy retrofitting assistance for schools
(a) Definition of school
In this section, the term "school" means—
(1) an elementary school or secondary school (as defined in
(2) an institution of higher education (as defined in
(3) a postsecondary vocational institution (as defined in
(4) a school of the defense dependents' education system under the Defense Dependents' Education Act of 1978 (
(5) a school operated by the Bureau of Indian Education;
(6) a tribally controlled school (as defined in
(7) a Tribal College or University (as defined in
(b) Designation of lead agency
The Secretary of Energy (in this section referred to as the "Secretary"), acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools.
(c) Requirements
In carrying out coordination and outreach under subsection (b), the Secretary shall—
(1) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools;
(2) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in paragraph (1), for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools—
(A) to use existing Federal opportunities more effectively; and
(B) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities, to support the initiation of the projects;
(3) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects—
(A) to increase the energy efficiency of buildings or facilities;
(B) to install systems that individually generate energy from renewable energy resources;
(C) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or
(D) to promote—
(i) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and
(ii) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices;
(4) develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in paragraph (1) to develop energy efficiency, renewable energy, and energy retrofitting projects; and
(5) establish a process for recognition of schools that—
(A) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and
(B) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts.
(d) Report
Not later than 180 days after December 27, 2020, the Secretary shall submit to Congress a report describing the implementation of this section.
(
Editorial Notes
References in Text
The Defense Dependents' Education Act of 1978, referred to in subsec. (a)(4), is title XIV of
Codification
Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Part F—Energy Conservation Program for Buildings Owned by Units of Local Government and Public Care Institutions
Editorial Notes
Codification
This part was, in the original, designated part H and has been changed to part F for purposes of codification.
§6372. Definitions
For purposes of this part—
(1) The terms "hospital", "State", "school", "Governor", "State energy agency", "energy conservation measure", "energy conservation maintenance and operating procedure", "preliminary energy audit", "technical assistance costs", "energy audit" and "Secretary" have the meanings provided in
(2) The term "unit of local government" means the government of a county, municipality, or township, which is a unit of general purpose government below the State (determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes) and the District of Columbia. Such term also means the recognized governing body of an Indian tribe (as defined in
(3) The term "building" has the meaning provided in
(4) The term "public care institution" means a public or nonprofit institution which owns—
(A) a facility for long term care, a rehabilitation facility, or a public health center, as described in
(B) a residential child care center.
(5) The term "public or nonprofit institution" means an institution owned and operated by—
(A) a State, a political subdivision of a State or an agency or instrumentality of either, or
(B) an organization exempt from income tax under
(6) The term "technical assistance program costs" means the costs of carrying out a technical assistance program.
(7) The term "technical assistance" means assistance under rules, promulgated by the Secretary, to States, units of local government and public care institutions—
(A) to conduct specialized studies identifying and specifying energy savings and related cost savings that are likely to be realized as a result of (i) modification or maintenance and operating procedures in a building, (ii) the acquisition and installation of one or more specified energy conservation measures in such building or (iii) both, or
(B) the planning or administration of such specialized studies.
(
Editorial Notes
Amendments
1986—Par. (5)(B).
Statutory Notes and Related Subsidiaries
Separability
For separability of provisions of title III of
Congressional Statement of Findings and Purposes
"(a)
"(1) the Nation's nonrenewable energy resources are being rapidly depleted;
"(2) buildings owned by units of local government and public care institutions are major consumers of energy, and such units and institutions have been especially burdened by rising energy prices and fuel shortages;
"(3) substantial energy conservation can be achieved in buildings owned by units of local government and public care institutions through the implementation of energy conservation maintenance and operating procedures; and
"(4) units of local government and public care institutions in many instances need financial assistance in order to conduct energy audits and to identify energy conservation maintenance and operating procedures and to evaluate the potential benefits of acquiring and installing energy conservation measures.
"(b)
Application of Sections 3141–3144, 3146, and 3147 of Title 40
For application of
§6372a. Guidelines
(a) Energy audits
The Secretary shall, by rule, not later than sixty days after November 9, 1978—
(1) prescribe guidelines for the conduct of the preliminary energy audits for buildings owned by units of local government and public care institutions, including a description of the type, number and distribution of preliminary energy audits of such buildings that will provide a reasonably accurate evaluation of the energy conservation needs of all such buildings in each State, and
(2) prescribe guidelines for the conduct of energy audits.
(b) Implementation of technical assistance programs
The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of technical assistance programs for buildings owned by units of local government and public care institutions. The guidelines shall include—
(1) a description of the factors to be considered in determining which technical assistance programs will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy savings, and energy conservation goals;
(2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to undertake technical assistance work; and
(3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation.
(c) Revisions
Guidelines prescribed under this part may be revised from time to time after notice and opportunity for comment.
(
§6372b. Preliminary energy audits and energy audits
(a) Application by Governor
The Governor of any State may apply to the Secretary at such time as the Secretary may specify after promulgation of the guidelines under
(b) Grants for conduct of preliminary energy audits
Upon application under subsection (a), the Secretary may make grants to States to assist in conducting preliminary energy audits under this part for buildings owned by units of local government and public care institutions. Such audits shall be conducted in accordance with the guidelines prescribed under
(c) Application by Governor, unit of local government or public care institution
The Governor of any State, unit of local government or public care institution may apply to the Secretary at such time as the Secretary may specify after promulgation of the guidelines under
(d) Grants for conduct of energy audits
Upon application under subsection (c) the Secretary may make grants to States, units of local government, and public care institutions for purposes of conducting energy audits of facilities under this part in accordance with the guidelines prescribed under
(e) Audits conducted prior to grant of financial assistance
If a State, unit of local government, or public care institution, without the use of financial assistance under this section, conducts preliminary energy audits or energy audits which comply with the guidelines prescribed by the Secretary or which are approved by the Secretary, the funds allocated for purposes of this section shall be added to the funds available for technical assistance programs for such State, and shall be in addition to amounts otherwise available for such purpose.
(f) Restriction on use of funds
Amounts made available under this section (together with any other amounts made available from other Federal sources) may not be used to pay more than 50 percent of the costs of any preliminary energy audit or energy audit.
(
§6372c. State plans
(a) The Secretary shall invite the State energy agency of each State to submit, within 90 days after the effective date of the guidelines prescribed pursuant to
(1) the results of preliminary energy audits conducted in accordance with the guidelines prescribed pursuant to
(2) a recommendation as to the types of technical assistance programs considered appropriate for buildings owned by units of local government and public care institutions in such State, together with an estimate of the costs of carrying out such programs;
(3) a program for identifying persons qualified to carry out technical assistance programs;
(4) procedures for the coordination among technical assistance programs within any State and for coordination of programs authorized under this part with other State energy conservation programs,1
(5) a description of the policies and procedures to be followed in the allocation of funds among eligible applicants for technical assistance within such State, including procedures to insure that funds will be allocated among eligible applicants on the basis of relative need and including recommendations as to how priorities should be established between buildings owned by units of local government and public care institutions, and among competing proposals taking into account such factors as cost, energy consumption, and energy savings;
(6) procedures to assure that all grants for technical assistance provided under this part are expended in compliance with the requirements of an approved State plan for such State and in compliance with the requirements of this part (including requirements contained in rules promulgated under this part); and
(7) policies and procedures designed to assure that financial assistance provided under this part in such State will be used to supplement, and not to supplant State, local, or other funds.
(b) Each State plan submitted under this section shall be reviewed and approved or disapproved by the Secretary not later than 60 days after receipt by the Secretary. If such plan meets the requirements of subsection (a), the Secretary shall approve the plan. If a State plan submitted within the 90 day period specified in subsection (a) has not been disapproved within the 60-day period following its receipt by the Secretary, such plan shall be treated as approved by the Secretary. A State energy agency may submit a new or amended plan at any time after the submission of the original plan if the agency obtains the consent of the Secretary.
(
Editorial Notes
Amendments
1998—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1 So in original. The comma probably should be a semicolon.
§6372d. Applications for grants for technical assistance
(a) Limitation on number of applications by units of local government and public care institutions; submittal to State energy agency
Applications of units of local government and public care institutions for grants for technical assistance under this part shall be made not more than once for any fiscal year. Such applications shall be submitted to the State energy agency and the State energy agency shall make a single submittal to the Secretary containing all applications which comply with the State plan.
(b) Required information
Applications for grants for technical assistance under this part shall contain or be accompanied by, such information as the Secretary may reasonably require, including the results of energy audits which comply with guidelines under this part. The annual submittal to the Secretary by the State energy agency under subsection (a) shall include a listing and description of technical assistance proposed to be funded under this part within the State during the fiscal year for which such application is made, and such information concerning expenditures as the Secretary may, by rule, require.
(c) Compliance required for approval; reasons for disapproval; resubmittal; amendment
The Secretary shall approve such applications submitted by a State energy agency as he determines to be in compliance with this section and the requirements of the applicable State plan approved under
(d) Suspension of further assistance for failure to comply
Whenever the Secretary after reasonable notice and opportunity for hearing to any unit of local government or public care institution receiving assistance under this part, finds that there has been a failure to comply substantially with the provisions set forth in the application approved under this section, the Secretary shall notify the unit of local government or public care institution that further assistance will not be made available to such unit of local government or public care institution under this part until he is satisfied that there is no longer any failure to comply. Until he is so satisfied, no further assistance shall be made to such unit of local government or public care institution under this part.
(
§6372e. Grants for technical assistance
(a) Authorization of Secretary
The Secretary may make grants to States and to units of local government and public care institutions in payment of technical assistance program costs for buildings owned by units of local government and public care institutions the applications for which have been approved under
(b) Restriction on use of funds
Amounts made available for purposes of this section (together with any amounts available for such purposes from other Federal sources) may not be used to pay more than 50 percent of technical assistance program costs.
(c) Allocation requirements
Grants made under this section in any State in any year shall be made in accordance with the requirements contained in
(d) Prescription of rules limiting allocations to States for administrative expenses
The Secretary shall prescribe rules limiting the amount of funds allocated to a State which may be expended for administrative expenses by such State.
(
§6372f. Authorization of appropriations
(a) For the purpose of making grants to States to conduct preliminary energy audits and energy audits under this part there is authorized to be appropriated not to exceed $7,500,000 for the fiscal year ending September 30, 1978, and $7,500,000 for the fiscal year ending September 30, 1979, such funds to remain available until expended.
(b) For the purpose of making technical assistance grants under this part to States and to units of local government and public care institutions, there is hereby authorized to be appropriated not to exceed $17,500,000 for the fiscal year ending September 30, 1978, and $32,500,000 for the fiscal year ending September 30, 1979, such funds to remain available until expended.
(c) For the expenses of the Secretary in administering the provisions of this part, there are hereby authorized to be appropriated such sums as may be necessary for each fiscal year in the two consecutive fiscal year periods ending September 30, 1979, such funds to remain available until expended.
(
§6372g. Allocation of grants
(a) Grants made under this part shall be allocated among the States in accordance with a formula to be prescribed, by rule, by the Secretary, taking into account population and climate of each State, and such other factors as the Secretary may deem appropriate.
(b) The total amount allocated to any State under subsection (a) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). Except for the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands, not less than 0.5 percent of such total allocation to all States for that year shall be allocated in such year for the total of grants in each State which has an approved State plan under this part.
(
§6372h. Administration; detailed description in annual report
(a) The Secretary may prescribe such rules as may be necessary in order to carry out the provisions of this part.
(b) The Secretary shall include in his annual report a detailed description of the actions taken under this part in the preceding fiscal year and the actions planned to be taken in the subsequent fiscal year. Such description shall show the allocations made (including the allocations made to each State) and include information on the technical assistance carried out with funds allocated, and an estimate of the energy savings, if any, achieved.
(
Editorial Notes
Amendments
1998—Subsec. (b).
1980—Subsec. (b).
§6372i. Records
Each recipient of assistance under this part shall keep such records, provide such reports, and furnish such access to books and records as the Secretary may by rule prescribe.
(
Part G—Off-Highway Motor Vehicles
Editorial Notes
Codification
This part was, in the original, designated part I and has been changed to part G for purposes of codification.
§6373. Off-highway motor vehicles
Not later than 1 year after November 9, 1978, the Secretary of Transportation shall complete a study of the energy conservation potential of recreational motor vehicles, including, but not limited to, aircraft and motor boats which are designed for recreational use, and shall submit a report to the President and to the Congress containing the results of such study.
(
Part H—Encouraging Use of Alternative Fuels
Editorial Notes
Codification
This part was, in the original, designated part J and has been changed to part H for purposes of codification.
§6374. Alternative fuel use by light duty Federal vehicles
(a) Department of Energy program
(1) Beginning in the fiscal year ending September 30, 1990, the Secretary shall ensure, with the cooperation of other appropriate agencies and consistent with other Federal law, that the maximum number practicable of the vehicles acquired annually for use by the Federal Government shall be alternative fueled vehicles. In no event shall the number of such vehicles acquired be less than the number required under
(2) In any determination of whether the acquisition of a vehicle is practicable under paragraph (1), the initial cost of such vehicle to the United States shall not be considered as a factor unless the initial cost of such vehicle exceeds the initial cost of a comparable gasoline or diesel fueled vehicle by at least 5 percent.
(3)(A) To the extent practicable, the Secretary shall acquire both dedicated and dual fueled vehicles, and shall ensure that each type of alternative fueled vehicle is used by the Federal Government.
(B) Vehicles acquired under this section shall be acquired from original equipment manufacturers. If such vehicles are not available from original equipment manufacturers, vehicles converted to use alternative fuels may be acquired if, after conversion, the original equipment manufacturer's warranty continues to apply to such vehicles, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion. This subparagraph shall not apply to vehicles acquired by the United States Postal Service pursuant to a contract entered into by the United States Postal Service before October 24, 1992, and which terminates on or before December 31, 1997.
(C) Alternative fueled vehicles, other than those described in subparagraph (B), may be acquired solely for the purposes of studies under subsection (b), whether or not original equipment manufacturer warranties still apply.
(D) In deciding which types of alternative fueled vehicles to acquire in implementing this part, the Secretary shall consider as a factor—
(i) which types of vehicles yield the greatest reduction in pollutants emitted per dollar spent; and
(ii) the source of the fuel to supply the vehicles, giving preference to vehicles that operate on alternative fuels derived from domestic sources.
(E)(i) Dual fueled vehicles acquired pursuant to this section shall be operated on alternative fuels unless the Secretary determines that an agency qualifies for a waiver of such requirement for vehicles operated by the agency in a particular geographic area in which—
(I) the alternative fuel otherwise required to be used in the vehicle is not reasonably available to retail purchasers of the fuel, as certified to the Secretary by the head of the agency; or
(II) the cost of the alternative fuel otherwise required to be used in the vehicle is unreasonably more expensive compared to gasoline, as certified to the Secretary by the head of the agency.
(ii) The Secretary shall monitor compliance with this subparagraph by all such fleets and shall report annually to Congress on the extent to which the requirements of this subparagraph are being achieved. The report shall include information on annual reductions achieved from the use of petroleum-based fuels and the problems, if any, encountered in acquiring alternative fuels.
(F) At least 50 percent of the alternative fuels used in vehicles acquired pursuant to this section shall be derived from domestic feedstocks, except to the extent inconsistent with the multilateral trade agreements (as defined in
(G) Except to the extent inconsistent with the multilateral trade agreements (as defined in
(4) Acquisitions of vehicles under this section shall, to the extent practicable, be coordinated with acquisitions of alternative fueled vehicles by State and local governments.
(b) Studies
(1)(A) The Secretary, in cooperation with the Environmental Protection Agency and the National Highway Traffic Safety Administration, shall conduct a study of a representative sample of alternative fueled vehicles in Federal fleets, which shall at a minimum address—
(i) the performance of such vehicles, including performance in cold weather and at high altitude;
(ii) the fuel economy, safety, and emissions of such vehicles; and
(iii) a comparison of the operation and maintenance costs of such vehicles to the operation and maintenance costs of other passenger automobiles and light duty trucks.
(B) The Secretary shall provide a report on the results of the study conducted under subparagraph (A) to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and Commerce of the House of Representatives, within one year after the first such vehicles are acquired.
(2)(A) The Secretary and the Administrator of the General Services Administration shall conduct a study of the advisability, feasibility, and timing of the disposal of vehicles acquired under subsection (a) and any problems of such disposal. Such study shall take into account existing laws governing the sale of Government vehicles and shall specifically focus on when to sell such vehicles and what price to charge, without compromising studies of the use of such vehicles authorized under this part.
(B) The Secretary and the Administrator of the General Services Administration shall report the results of the study conducted under subparagraph (A) to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and Commerce of the House of Representatives, within 12 months after funds are appropriated for carrying out this section.
(3) Studies undertaken under this subsection shall be coordinated with relevant testing activities of the Environmental Protection Agency and the Department of Transportation.
(c) Availability to public
To the extent practicable, at locations where vehicles acquired under subsection (a) are supplied with alternative fuels, such fuels shall be offered for sale to the public. The head of the Federal agency responsible for such a location shall consider whether such sale is practicable, taking into account, among other factors—
(1) whether alternative fuel is commercially available for vehicles in the vicinity of such location;
(2) security and safety considerations;
(3) whether such sale is in accordance with applicable local, State, and Federal law;
(4) the ease with which the public can access such location; and
(5) the cost to the United States of such sale.
(d) Federal agency use of demonstration vehicles
(1) Upon the request of the head of any agency of the Federal Government, the Secretary shall ensure that such Federal agency be provided with vehicles acquired under subsection (a) to the maximum extent practicable.
(2)(A) Funds appropriated under this section for the acquisition of vehicles under subsection (a) shall be applicable only to the portion of the cost of vehicles acquired under subsection (a) which exceeds the cost of comparable gasoline or diesel fueled vehicles.
(B) To the extent that appropriations are available for such purposes, the Secretary shall ensure that the cost to any Federal agency receiving a vehicle under paragraph (1) shall not exceed the cost to such agency of a comparable gasoline or diesel fueled vehicle.
(3) Only one-half of the vehicles acquired under this section by an agency of the Federal Government shall be counted against any limitation under law, Executive order, or executive or agency policy on the number of vehicles which may be acquired by such agency.
(4) Any Federal agency receiving a vehicle under paragraph (1) shall cooperate with studies undertaken by the Secretary under subsection (b).
(e) Detail of personnel
Upon the request of the Secretary, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Department of Energy to assist the Secretary in carrying out the Secretary's duties under this section.
(f) Exemptions
(1) Vehicles acquired under this section shall not be counted in any calculation of the average fuel economy of the fleet of passenger automobiles acquired in a fiscal year by the United States.
(2) The incremental cost of vehicles acquired under this section over the cost of comparable gasoline or diesel fueled vehicles shall not be applied to any calculation with respect to a limitation under law on the maximum cost of individual vehicles which may be acquired by the United States.
(g) Definitions
For purposes of this part—
(1) the term "acquired" means leased for a period of sixty continuous days or more, or purchased;
(2) the term "alternative fuel" means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits;
(3) the term "alternative fueled vehicle" means a dedicated vehicle or a dual fueled vehicle;
(4) the term "dedicated vehicle" means—
(A) a dedicated automobile, as such term is defined in section 32901(a)(7) 1 of title 49; or
(B) a motor vehicle, other than an automobile, that operates solely on alternative fuel;
(5) the term "dual fueled vehicle" means—
(A) dual fueled automobile, as such term is defined in section 32901(a)(8) 1 of title 49; or
(B) a motor vehicle, other than an automobile, that is capable of operating on alternative fuel and is capable of operating on gasoline or diesel fuel; and
(6) the term "heavy duty vehicle" means a vehicle of greater than 8,500 pounds gross vehicle weight rating.
(h) Funding
(1) For the purposes of this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 1998, to remain available until expended.
(2) The authority of the Secretary to obligate amounts to be expended under this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
(
Editorial Notes
References in Text
Paragraphs (7) and (8) of
Codification
In subsec. (g)(4)(A), (5)(A), "
Amendments
2005—Subsec. (a)(3)(E).
1999—Subsec. (a)(3)(F), (G).
1998—Subsecs. (h), (i).
1995—Subsec. (b)(1)(B).
Subsec. (b)(3) to (5).
1992—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(1)(A).
Subsec. (b)(3) to (5).
Subsec. (c).
Subsec. (d)(2)(B).
Subsec. (g)(2) to (6).
"(2) the term 'alcohol' means a mixture containing 85 percent or more by volume methanol, ethanol, or other alcohols, in any combination;
"(3) the term 'alcohol powered vehicle' means a vehicle designed to operate exclusively on alcohol;
"(4) the term 'dual energy vehicle' means a vehicle which is capable of operating on alcohol and on gasoline or diesel fuel;
"(5) the term 'natural gas dual energy vehicle' means a vehicle which is capable of operating on natural gas and on gasoline or diesel fuel; and
"(6) the term 'natural gas powered vehicle' means a vehicle designed to operate exclusively on natural gas."
Subsec. (i)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Termination Date
Findings
"(1) the achievement of long-term energy security for the United States is essential to the health of the national economy, the well-being of our citizens, and the maintenance of national security;
"(2) the displacement of energy derived from imported oil with alternative fuels will help to achieve energy security and improve air quality;
"(3) transportation uses account for more than 60 percent of the oil consumption of the Nation;
"(4) the Nation's security, economic, and environmental interests require that the Federal Government should assist clean-burning, nonpetroleum transportation fuels to reach a threshold level of commercial application and consumer acceptability at which they can successfully compete with petroleum-based fuels;
"(5) methanol, ethanol, and natural gas are proven transportation fuels that burn more cleanly and efficiently than gasoline and diesel fuel;
"(6) the production and use as transportation fuels of ethanol, methanol made from natural gas or biomass, and compressed natural gas have been estimated in some studies to release less carbon dioxide than comparable quantities of petroleum-based fuel;
"(7) the amount of carbon dioxide released with methanol from a coal-to-methanol industry using currently available technologies has been estimated in some studies to be significantly greater than the amount released with a comparable quantity of petroleum-based fuel;
"(8) there exists evidence that manmade pollution—the release of carbon dioxide, chlorofluorocarbons, methane, and other trace gases into the atmosphere—may be producing a long term and substantial increase in the average temperature on Earth, a phenomenon known as global warming through the greenhouse effect; and
"(9) ongoing pollution and deforestation may be contributing now to an irreversible process producing unacceptable global climate changes; necessary actions must be identified and implemented in time to protect the climate, including the development of technologies to control increased carbon dioxide emissions that result with methanol from a coal-to-methanol industry."
Purpose
"(1) the development and widespread use of methanol, ethanol, and natural gas as transportation fuels by consumers; and
"(2) the production of methanol, ethanol, and natural gas powered motor vehicles."
Use of Nonstandard Fuels
1 See References in Text note below.
§6374a. Alternative fuels truck commercial application program
(a) Establishment
The Secretary, in cooperation with manufacturers of heavy duty engines and with other Federal agencies, shall establish a commercial application program to study the use of alternative fuels in heavy duty trucks and, if appropriate, other heavy duty applications.
(b) Funding
(1) There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary for fiscal years 1993 through 1995, to remain available until expended.
(2) The authority of the Secretary to obligate amounts to be expended under this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
(
Editorial Notes
Amendments
1992—Subsec. (a).
Subsec. (b)(1).
§6374b. Alternative fuels bus program
(a) Testing
The Secretary, in cooperation with the Administrator of the Environmental Protection Agency and the Administrator of the National Highway Traffic Safety Administration, shall, beginning in the fiscal year ending September 30, 1990, assist State and local government agencies in the testing in urban settings of buses capable of operating on alternative fuels for the emissions levels, durability, safety, and fuel economy of such buses, comparing the different types with each other and with diesel powered buses, as such buses will be required to operate under Federal safety and environmental standards applicable to such buses for the model year 1991. To the extent practicable, testing assisted under this section shall apply to each of the various types of alternative fuel buses.
(b) Funding
There are authorized to be appropriated for the period encompassing the fiscal years ending September 30, 1990, September 30, 1991, and September 30, 1992, a total of $2,000,000 to carry out the purposes of this section.
(c) "Bus" defined
For purposes of this section, the term "bus" means a vehicle which is designed to transport 30 individuals or more.
(
Editorial Notes
Amendments
1992—Subsec. (a).
§6374c. Omitted
Editorial Notes
Codification
Section,
§6374d. Studies and reports
(a) Methanol study
(1) The Secretary shall study methanol plants, including the costs and practicability of such plants, that are—
(A) capable of utilizing current domestic supplies of unutilized natural gas;
(B) relocatable; or
(C) suitable for natural gas to methanol conversion by natural gas distribution companies.
(2) For purposes of this subsection, the term "unutilized natural gas" means gas that is available in small remote fields and cannot be economically transported to natural gas pipelines, or gas the quality of which is so poor that extensive and uneconomic pretreatment is required prior to its introduction into the natural gas distribution system.
(3) The Secretary shall submit a report under this subsection to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and Commerce of the House of Representatives, no later than September 30, 1990.
(b) Omitted
(c) Public participation
Adequate opportunity shall be provided for public comment on the reports required by this section before they are submitted to the Congress, and a summary of such comments shall be attached to such reports.
(
Editorial Notes
References in Text
This part, referred to in subsec. (b)(1)(A), was in the original "the Alternative Motor Fuels Act of 1988",
Codification
Subsec. (b) of this section, which required the Administrator of the Environmental Protection Agency to submit biennially to Congress a report which includes a comprehensive analysis of the environmental impacts associated with the production and use of alternative motor vehicle fuels under this part and an extended forecast of the environmental effects of such production and use, terminated, effective May 15, 2000, pursuant to section 3003 of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
§6374e. Federal fleet conservation requirements
(a) Mandatory reduction in petroleum consumption
(1) In general
Not later than 18 months after December 19, 2007, the Secretary shall issue regulations for Federal fleets subject to
(2) Goals
The goals of the requirements under paragraph (1) are that not later than October 1, 2015, and for each year thereafter, each Federal agency shall achieve at least a 20 percent reduction in annual petroleum consumption and a 10 percent increase in annual alternative fuel consumption, as calculated from the baseline established by the Secretary for fiscal year 2005.
(3) Milestones
The Secretary shall include in the regulations described in paragraph (1)—
(A) interim numeric milestones to assess annual agency progress towards accomplishing the goals described in that paragraph; and
(B) a requirement that agencies annually report on progress towards meeting each of the milestones and the 2015 goals.
(b) Plan
(1) Requirement
(A) In general
The regulations under subsection (a) shall require each Federal agency to develop a plan, and implement the measures specified in the plan by dates specified in the plan, to meet the required petroleum reduction levels and the alternative fuel consumption increases, including the milestones specified by the Secretary.
(B) Inclusions
The plan shall—
(i) identify the specific measures the agency will use to meet the requirements of subsection (a)(2); and
(ii) quantify the reductions in petroleum consumption or increases in alternative fuel consumption projected to be achieved by each measure each year.
(2) Measures
The plan may allow an agency to meet the required petroleum reduction level through—
(A) the use of alternative fuels;
(B) the acquisition of vehicles with higher fuel economy, including hybrid vehicles, neighborhood electric vehicles, electric vehicles, and plug-in hybrid vehicles if the vehicles are commercially available;
(C) the substitution of cars for light trucks;
(D) an increase in vehicle load factors;
(E) a decrease in vehicle miles traveled;
(F) a decrease in fleet size; and
(G) other measures.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
SUBCHAPTER IV—GENERAL PROVISIONS
Part A—Energy Data Base and Energy Information
§6381. Verification examinations
(a) Authority of Comptroller General
The Comptroller General may conduct verification examinations with respect to the books, records, papers, or other documents of—
(1) any person who is required to submit energy information to the Secretary, the Department of the Interior, or the Federal Energy Regulatory Commission pursuant to any rule, regulation, order, or other legal process of such Secretary, Department or Commission;
(2) any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources—
(A) if such person has furnished, directly or indirectly, energy information (without regard to whether such information was furnished pursuant to legal requirements) to any Federal agency (other than the Internal Revenue Service), and
(B) if the Comptroller General of the United States determines that such information has been or is being used or taken into consideration, in whole or in part, by a Federal agency in carrying out responsibilities committed to such agency; or
(3) any vertically integrated petroleum company with respect to financial information of such company related to energy resource exploration, development, and production and the transportation, refining and marketing of energy resources and energy products.
(b) Request for examination
The Comptroller General shall conduct verification examinations of any person or company described in subsection (a), if requested to do so by any duly established committee of the Congress having legislative or oversight responsibilities under the rules of the House of Representatives or of the Senate, with respect to energy matters or any of the laws administered by the Department of the Interior (or the Secretary thereof), the Federal Energy Regulatory Commission, or the Secretary.
(c) Definitions
For the purposes of this subchapter—
(1) The term "verification examination" means an examination of such books, records, papers, or other documents of a person or company as the Comptroller General determines necessary and appropriate to assess the accuracy, reliability, and adequacy of the energy information, or financial information, referred to in subsection (a).
(2) The term "energy information" has the same meaning as such term has in
(3) The term "person" has the same meaning as such term has in
(4) The term "vertically integrated petroleum company" means any person which itself, or through a person which is controlled by, controls, or is under common control with such person, is engaged in the production, refining, and marketing of petroleum products.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (c), was in the original "this title", meaning title V of
Amendments
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
"Secretary, the Department of the Interior, or the Federal Energy Regulatory Commission" and "Secretary" substituted for "Federal Energy Administration, the Department of the Interior, or the Federal Power Commission" and "Administration", respectively, in subsec. (a)(1), and "Federal Energy Regulatory Commission, or the Secretary" substituted for "Federal Power Commission, or the Federal Energy Administration (or the Administrator)" in subsec. (b) pursuant to sections 301, 402, 703, and 707 of
§6382. Powers and duties of Comptroller General
(a) Subpenas; discovery and inspection; oaths; search
For the purpose of carrying out his authority under
(1) the Comptroller General may—
(A) sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;
(B) require any person, by general or special order, to submit answers in writing to interrogatories, to submit books, records, papers, or other documents, or to submit any other information or reports, and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Comptroller General may determine; and
(C) administer oaths.
(2) the Comptroller General, or any officer or employee duly designated by the Comptroller General, upon presenting appropriate credentials and a written notice from the Comptroller General to the owner, operator, or agent in charge, may—
(A) enter, at reasonable times, any business premise or facility; and
(B) inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any energy information, or any financial information in the case of a vertically integrated petroleum company.
(b) Information in possession of Federal agencies
The Comptroller General shall have access to any energy information within the possession of any Federal agency (other than the Internal Revenue Service) as is necessary to carry out his authority under this section.
(c) Transmission of examination results to Federal agencies
(1) Except as provided in subsections (d) and (e), the Comptroller General shall transmit a copy of the results of any verification examination conducted under
(2) Any report made pursuant to paragraph (1) shall include the Comptroller General's findings with respect to the accuracy, reliability, and adequacy of the energy information which was the subject of such examination.
(d) Report to Congressional committees
If the verification examination was conducted at the request of any committee of the Congress, the Comptroller General shall report his findings as to the accuracy, reliability, or adequacy of the energy information which was the subject of such examination, or financial information in the case of a vertically integrated petroleum company, directly to such committee of the Congress and any such information obtained and such report shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of the committee and the rules of the House of Representatives or the Senate and as permitted by law.
(e) Disclosure of geological or geophysical information
(1) Any information obtained by the Comptroller General or any officer or employee of the Government Accountability Office pursuant to the exercise of responsibilities or authorities under this section which relates to geological or geophysical information, or any estimate or interpretation thereof, the disclosure of which would result in significant competitive disadvantage or significant loss to the owner thereof shall not be disclosed except to a committee of Congress. Any such information so furnished to a committee of the Congress shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of the committee and the rules of the House of Representatives or the Senate and as permitted by law.
(2) Any person who knowingly discloses information in violation of paragraph (1) shall be subject to the penalties specified in section 754(a)(3)(B) and (4) 1 of title 15.
(
Editorial Notes
References in Text
Amendments
2004—Subsec. (e)(1).
1996—Subsec. (f).
1 See References in Text note below.
§6383. Accounting practices
(a) Development by Securities and Exchange Commission; time of taking effect
For purposes of developing a reliable energy data base related to the production of crude oil and natural gas, the Securities and Exchange Commission shall take such steps as may be necessary to assure the development and observance of accounting practices to be followed in the preparation of accounts by persons engaged, in whole or in part, in the production of crude oil or natural gas in the United States. Such practices shall be developed not later than 24 months after December 22, 1975, and shall take effect with respect to the fiscal year of each such person which begins 3 months after the date on which such practices are prescribed or made effective under the authority of subsection (b)(2).
(b) Consultation with Secretary, Government Accountability Office and Federal Energy Regulatory Commission; rules; reliance on practices developed by Financial Accounting Standards Board; opportunity to submit written comment
In carrying out its responsibilities under subsection (a), the Securities and Exchange Commission shall—
(1) consult with the Secretary, the Government Accountability Office, and the Federal Energy Regulatory Commission with respect to accounting practices to be developed under subsection (a), and
(2) have authority to prescribe rules applicable to persons engaged in the production of crude oil or natural gas, or make effective by recognition, or by other appropriate means indicating a determination to rely on, accounting practices developed by the Financial Accounting Standards Board, if the Securities and Exchange Commission is assured that such practice will be observed by persons engaged in the production of crude oil or natural gas to the same extent as would result if the Securities and Exchange Commission had prescribed such practices by rule.
The Securities and Exchange Commission shall afford interested persons an opportunity to submit written comments with respect to whether it should exercise its discretion to recognize or otherwise rely on such accounting practice in lieu of prescribing such practices by rule and may extend the 24-month period referred to in subsection (a) as it determines may be necessary to allow for a meaningful comment period with respect to such determination.
(c) Requirements for accounting practices
The Securities and Exchange Commission shall assure that accounting practices developed pursuant to this section, to the greatest extent practicable, permit the compilation, treating domestic and foreign operations as separate categories, of an energy data base consisting of:
(1) The separate calculation of capital, revenue, and operating cost information pertaining to—
(A) prospecting,
(B) acquisition,
(C) exploration,
(D) development, and
(E) production,
including geological and geophysical costs, carrying costs, unsuccessful exploratory drilling costs, intangible drilling and development costs on productive wells, the cost of unsuccessful development wells, and the cost of acquiring oil and gas reserves by means other than development. Any such calculation shall take into account disposition of capitalized costs, contractual arrangements involving special conveyance of rights and joint operations, differences between book and tax income, and prices used in the transfer of products or other assets from one person to any other person, including a person controlled by, controlling, or under common control with such person.
(2) The full presentation of the financial information of persons engaged in the production of crude oil or natural gas, including—
(A) disclosure of reserves and operating activities, both domestic and foreign, to facilitate evaluation of financial effort and result; and
(B) classification of financial information by function to facilitate correlation with reserve and operating statistics, both domestic and foreign.
(3) Such other information, projections, and relationships of collected data as shall be necessary to facilitate the compilation of such data base.
(
Editorial Notes
Amendments
2004—Subsec. (b)(1).
1998—Subsec. (b).
Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Transfer of Functions
"Secretary" and "Federal Energy Regulatory Commission" substituted for "Federal Energy Administration" and "Federal Power Commission", respectively, in subsec. (b)(1) pursuant to sections 301, 402, 703, and 707 of
§6384. Enforcement
(a) Civil penalties
Any person who violates any general or special order of the Comptroller General issued under
(b) Jurisdiction; process
Any action to enjoin or set aside an order issued under
(c) Securing compliance with subpena
Upon petition by the Comptroller General through any attorney employed by the Government Accountability Office or designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General, any United States district court within the jurisdiction of which any inquiry under this part is carried on may, in the case of refusal to obey a subpena of the Comptroller General issued under this part, issue an order requiring compliance therewith; and any failure to obey the order of the court may be treated by the court as a contempt thereof.
(
Editorial Notes
Amendments
2004—Subsecs. (a), (c).
§6385. Petroleum product information
The President or his delegate shall, pursuant to authority otherwise available to the President or his delegate under any other provision of law, collect information on the pricing, supply, and distribution of petroleum products by product category at the wholesale and retail levels, on a State-by-State basis, which was collected as of September 1, 1981, by the Energy Information Administration.
(
Part B—General Provisions
§6391. Prohibited actions
(a) Unreasonable classifications and differentiations
Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users. In making any such allocation the President, or any agency of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those countries.
(b) Unreasonably disproportionate share of burdens between segments of business community
To the maximum extent practicable, any restriction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commercial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of commercial, retail, and service establishments whose normal function is to supply goods or services of an essential convenience nature during times of day other than conventional daytime working hours.
(c) Authorities to which section applies
This section applies to actions under any of the following authorities:
(1) titles I and II of this Act (other than any provision of such titles which amends another law).
(2) this title.1
(3) the Emergency Petroleum Allocation Act of 1973.1
(
Editorial Notes
References in Text
Title I of this Act, referred to in subsec. (c)(1), is title I of
Title II of this Act, referred to in subsec. (c)(1), is title II of
This title, referred to in subsec. (c)(2), is title V of
The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (c)(3), is
1 See References in Text note below.
§6392. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(8), Feb. 10, 1996, 110 Stat. 664
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
For effective date and applicability of repeal, see section 4401 of
§6393. Administrative procedure and judicial review
(a)(1) Subject to paragraphs (2), (3), and (4) of this subsection, the provisions of subchapter II of
(2)(A) Notice of any proposed rule, regulation, or order described in paragraph (1) which is substantive and of general applicability shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum of 30 days following the date of such publication and prior to the effective date of the rule shall be provided for opportunity to comment; except that the 30-day period for opportunity to comment prior to the effective date of the rule may be—
(i) reduced to no less than 10 days if the President finds that strict compliance would seriously impair the operation of the program to which such rule, regulation, or order relates and such findings are set out in such rule, regulation, or order, or
(ii) waived entirely, if the President finds that such waiver is necessary to act expeditiously during an emergency affecting the national security of the United States.
(B) Public notice of any rule, regulation, or order which is substantive and of general applicability which is promulgated by officers of a State or political subdivision thereof or to State or local boards which have been delegated authority pursuant to title I or II of this Act or this title (other than any provision of such title) 2 which amend 3 another law shall, to the maximum extent practicable, be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of general circulation calculated to receive widest practicable notice.
(3) In addition to the requirements of paragraph (2) and to the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation.
(4) Any officer or agency authorized to issue rules, regulations, or orders described in paragraph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, or an exception to or exemption from, such rules, regulations and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with subsection (b) or other applicable law when such denial becomes final. The officer or agency shall, by rule, establish appropriate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph.
(b) The procedures for judicial review established by section 211 of the Economic Stabilization Act of 1970 shall apply to proceedings to which subsection (a) applies, as if such proceedings took place under such Act. Such procedures for judicial review shall apply notwithstanding the expiration of the Economic Stabilization Act of 1970.
(c) Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) shall, upon written request of any person, which request is filed after any grant or denial of a request for exception or exemption from any such rule, regulation, or order, furnish such person, within 30 days after the date on which such request is filed, with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(1), (2)(B), (4), is
This title, referred to in subsec. (a)(1), (2)(B), is title V of
The Economic Stabilization Act of 1970, referred to in subsec. (b), is title II of
1 See References in Text note below.
2 So in original. The closing parenthesis probably should follow "another law".
3 So in original. Probably should be "amends".
§6394. Prohibited acts
It shall be unlawful for any person—
(1) to violate any provision of title I or title II of this Act or this title 1 (other than any provision of such titles which amend 2 another law),
(2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act [
(3) to fail to comply with any provision prescribed in, or pursuant to, an energy conservation contingency plan which is in effect.
(
Editorial Notes
References in Text
Title I of this Act, referred to in par. (1), is title I of
Title II of this Act, referred to in par. (1), is title II of
This title, referred to in par. (1), is title V of
1 See References in Text note below.
2 So in original. Probably should be "amends".
§6395. Enforcement
(a) Civil penalty
Whoever violates
(b) Penalty for willful violation
Whoever willfully violates
(c) Penalty for violation after having been subjected to civil penalty for prior violation
Any person who knowingly and willfully violates
(d) Injunction action by Attorney General
Whenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this chapter that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of
(e) Private right of action
(1) Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this chapter described in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages.
(2) The provisions of this chapter referred to in paragraph (1) are as follows:
(A) Section 6262 1 of this title (relating to energy conservation plans).
(B)
(C)
(D)
(E)
(F)
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (d) and (e), was in the original "this Act", meaning
1 See References in Text note below.
§6396. State laws or programs
No State law or State program in effect on December 22, 1975, or which may become effective thereafter, shall be superseded by any provision of title I or II of this Act (other than any provision of such title which amends another law) or any rule, regulation, or order thereunder, except insofar as such State law or State program is in conflict with such provision, rule, regulation, or order.
(
Editorial Notes
References in Text
Title I of this Act, referred to in par. (1), is title I of
Title II of this Act, referred to in par. (1), is title II of
§6397. Repealed. Pub. L. 95–619, title VI, §691(b)(1), Nov. 9, 1978, 92 Stat. 3288
Section,
§6398. Authorization of appropriations
Any authorization of appropriations in this Act, or in any amendment to any other law made by this Act, for the fiscal year 1976 shall be deemed to include an additional authorization of appropriations for the period beginning July 1, 1976, and ending September 30, 1976, in amounts which equal one-fourth of any amount authorized for fiscal year 1976, unless appropriations for the same purpose are specifically authorized in a law hereinafter enacted.
(
Editorial Notes
References in Text
This Act, referred to in text, means
§6399. Intrastate natural gas
No provision of this chapter shall permit the imposition of any price controls on, or require any allocation of, natural gas not subject to the jurisdiction of the Secretary or the Federal Energy Regulatory Commission.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Transfer of Functions
"Secretary or the Federal Energy Regulatory Commission" substituted for "Federal Power Commission" pursuant to sections 301(a), 402, 703, and 707 of
§6400. Limitation on loan guarantees
Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.
(
Editorial Notes
References in Text
This Act, referred to in text, means
§6401. Repealed. Pub. L. 99–58, title I, §104(c)(3), July 2, 1985, 99 Stat. 105
Section,
Part C—Congressional Review
§6421. Procedure for Congressional review of Presidential requests to implement certain authorities
(a) "Energy action" defined
For purposes of this section, the term "energy action" means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section.
(b) Transmittal of energy action to Congress
The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. If both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session.
(c) Effective date of energy action
(1) Except as provided in paragraph (2) of this subsection, if energy action is transmitted to the Houses of Congress, such action shall take effect at the end of the first period of 15 calendar days of continuous session of Congress after the date on which such action is transmitted to such Houses, unless between the date of transmittal and the end of such 15-day period, either House passes a resolution stating in substance that such House does not favor such action.
(2) An energy action described in paragraph (1) may take effect prior to the expiration of the 15-calendar-day period after the date on which such action is transmitted, if each House of Congress approves a resolution affirmatively stating in substance that such House does not object to such action.
(d) Computation of period
For the purpose of subsection (c) of this section—
(1) continuity of session is broken only by an adjournment of Congress sine die; and
(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 15-calendar-day period.
(e) Provision in energy action for later effective date
Under provisions contained in an energy action, a provision of such an action may take effect on a date later than the date on which such action otherwise takes effect pursuant to the provisions of this section.
(f) Resolutions with respect to energy action
(1) This subsection is enacted by Congress—
(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the House.
(2) For purposes of this subsection, the term "resolution" means only a resolution of either House of Congress described in subparagraph (A) or (B) of this paragraph.
(A) A resolution the matter after the resolving clause of which is as follows: "That the ______ does not object to the energy action numbered ______ submitted to the Congress on ____________, 19____.", the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one energy action.
(B) A resolution the matter after the resolving clause of which is as follows: "That the ______ does not favor the energy action numbered ______ transmitted to Congress on ____________, 19____.", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one energy action.
(3) A resolution once introduced with respect to an energy action shall immediately be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
(4)(A) If the committee to which a resolution with respect to an energy action has been referred has not reported it at the end of 5 calendar days after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other resolution with respect to such energy action which has been referred to the committee.
(B) A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same energy action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same energy action.
(5)(A) When the committee has reported, or has been discharged from further consideration of, a resolution, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(B) Debate on the resolution referred to in subparagraph (A) of this paragraph shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion further to limit debate shall not be debatable. An amendment to, or motion to recommit, the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution was agreed to or disagreed to; except that it shall be in order—
(i) to offer an amendment in the nature of a substitute, consisting of the text of a resolution described in paragraph (2)(A) of this subsection with respect to an energy action, for a resolution described in paragraph (2)(B) of this subsection with respect to the same such action, or
(ii) to offer an amendment in the nature of a substitute, consisting of the text of a resolution described in paragraph (2)(B) of this subsection with respect to an energy action, for a resolution described in paragraph (2)(A) of this subsection with respect to the same such action.
The amendments described in clauses (i) and (ii) of this subparagraph shall not be amendable.
(6)(A) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate.
(B) Appeals from the decision of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.
(7) Notwithstanding any of the provisions of this subsection, if a House has approved a resolution with respect to an energy action, then it shall not be in order to consider in that House any other resolution with respect to the same such action.
(
§6422. Expedited procedure for Congressional consideration of certain authorities
(a) Contingency plan identification number; transmittal of plan to Congress
Any contingency plan transmitted to the Congress pursuant to section 6261(a)(1) 1 of this title shall bear an identification number and shall be transmitted to both Houses of Congress on the same day and to each House while it is in session.
(b) Necessity of Congressional resolution within certain period for plan to be considered approved
(1) No such energy conservation contingency plan may be considered approved for purposes of section 6261(b) 1 of this title unless between the date of transmittal and the end of the first period of 60 calendar days of continuous session of Congress after the date on which such action is transmitted to such House, each House of Congress passes a resolution described in subsection (d)(2)(A).
(2)(A) Subject to subparagraph (B), any such rationing contingency plan shall be considered approved for purposes of section 6261(d) 1 of this title only if such plan is not disapproved by a resolution described in subsection (d)(2)(B)(i) which passes each House of the Congress during the 30-calendar-day period of continuous session after the plan is transmitted to such Houses and which thereafter becomes law.
(B) A rationing contingency plan may be considered approved prior to the expiration of the 30-calendar-day period after such plan is transmitted if a resolution described in subsection (d)(2)(B)(ii) is passed by each House of the Congress and thereafter becomes law.
(c) Computation of period
For the purpose of subsection (b) of this section—
(1) continuity of session is broken only by an adjournment of Congress sine die; and
(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the calendar-day period involved.
(d) Resolution with respect to contingency plan
(1) This subsection is enacted by Congress—
(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the House.
(2)(A) For purposes of applying this section with respect to any energy conservation contingency plan, the term "resolution" means only a resolution of either House of Congress the matter after the resolving clauses of which is as follows: "That the ______ approves the energy conservation contingency plan numbered ______ submitted to the Congress on ____________, 19____.", the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one energy conservation contingency plan.
(B) For purposes of applying this subsection with respect to any rationing contingency plan (other than pursuant to section 6261(d)(2)(B) 1 of this title), the term "resolution" means only a joint resolution described in clause (i) or (ii) of this subparagraph with respect to such plan.
(i) A joint resolution of either House of the Congress (I) which is entitled: "Joint resolution relating to a rationing contingency plan.", (II) which does not contain a preamble, and (III) the matter after the resolving clause of which is: "That the Congress of the United States disapproves the rationing contingency plan transmitted to the Congress on ____________, 19____.", the blank spaces therein appropriately filled.
(ii) A joint resolution of either House of the Congress (I) which is entitled: "Joint resolution relating to a rationing contingency plan.", (II) which does not contain a preamble, and (III) the matter after the resolving clause of which is: "That the Congress of the United States does not object to the rationing contingency plan transmitted to the Congress on ____________, 19____.", the blank spaces therein appropriately filled.
(3) A resolution once introduced with respect to a contingency plan shall immediately be referred to a committee (and all resolutions with respect to the same contingency plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
(4)(A) If the committee to which a resolution with respect to a contingency plan has been referred has not reported it at the end of 20 calendar days after its referral in the case of any energy conservation contingency plan or at the end of 10 calendar days after its referral in the case of any rationing contingency plan, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other resolution with respect to such contingency plan which has been referred to the committee.
(B) A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same contingency plan), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. Except to the extent provided in paragraph (7)(A), an amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same contingency plan.
(5)(A) When the committee has reported, or has been discharged from further consideration of, a resolution, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(B) Debate on the resolution referred to in subparagraph (A) of this paragraph shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion further to limit debate shall not be debatable. Except to the extent provided in paragraph (7)(B), an amendment to, or motion to recommit the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution was agreed to or disagreed to.
(6)(A) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate.
(B) Appeals from the decision of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedures relating to a resolution shall be decided without debate.
(7) With respect to any rationing contingency plan—
(A) In the consideration of any motion to discharge any committee from further consideration of any resolution on any such plan, it shall be in order after debate allowed for under paragraph (4)(B) to offer an amendment in the nature of a substitute for such motion—
(i) consisting of a motion to discharge such committee from further consideration of a resolution described in paragraph (2)(B)(i) with respect to any rationing contingency plan, if the discharge motion sought to be amended relates to a resolution described in paragraph (2)(B)(ii) with respect to the same such plan, or
(ii) consisting of a motion to discharge such committee from further consideration of a resolution described in paragraph (2)(B)(ii) with respect to any rationing contingency plan, if the discharge motion sought to be amended relates to a resolution described in paragraph (2)(B)(i) with respect to the same such plan.
An amendment described in this subparagraph shall not be amendable. Debate on such an amendment shall be limited to not more than 1 hour, which shall be divided equally between those favoring and those opposing the amendment.
(B) In the consideration of any resolution on any such plan which has been reported by a committee, it shall be in order at any time during the debate allowed for under paragraph (5)(B) to offer an amendment in the nature of a substitute for such resolution—
(i) consisting of the text of a resolution described in paragraph (2)(B)(i) with respect to any rationing contingency plan, if the resolution sought to be amended is a resolution described in paragraph (2)(B)(ii) with respect to the same such plan, or
(ii) consisting of the text of a resolution described in paragraph (2)(B)(ii) with respect to any rationing contingency plan, if the resolution sought to be amended is a resolution described in paragraph (2)(B)(i) with respect to the same such plan.
An amendment described in this subparagraph shall not be amendable.
(C) If one House receives from the other House a resolution with respect to a rationing contingency plan, then the following procedure applies:
(i) the resolution of the other House with respect to such plan shall not be referred to a committee;
(ii) in the case of a resolution of the first House with respect to such plan—
(I) the procedure with respect to that or other resolutions of such House with respect to such plan shall be the same as if no resolution from the other House with respect to such plan had been received; but
(II) on any vote on final passage of a resolution of the first House with respect to such plan a resolution from the other House with respect to such plan which has the same effect shall be automatically substituted for the resolution of the first House.
(D) Notwithstanding any of the preceding provisions of this subsection, if a House has approved a resolution with respect to a rationing contingency plan, then it shall not be in order to consider in that House any other resolution under this section with respect to the approval of such plan.
(
Editorial Notes
References in Text
Amendments
1998—Subsec. (d)(5)(A).
1979—Subsec. (b).
Subsec. (c)(2).
Subsec. (d)(2).
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (d)(5)(B).
Subsec. (d)(7).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by