Amendment Text: S.Amdt.779 — 109th Congress (2005-2006)

Shown Here:
Amendment as Submitted (06/14/2005)

This Amendment appears on page S6580-6586 in the following article from the Congressional Record.

[Pages S6496-S6587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 775. Mr. DOMENICI proposed an amendment to the bill H.R. 6, 
Reserved; as follows:

     Strike all after the enacting clause, and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Energy 
     Policy Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.
Sec. 102. Energy management requirements.
Sec. 103. Energy use measurement and accountability.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy savings performance contracts.
Sec. 106. Voluntary commitments to reduce industrial energy intensity.
Sec. 107. Federal building performance standards.
Sec. 108. Increased use of recovered mineral component in federally 
              funded projects involving procurement of cement or 
              concrete.

            Subtitle B--Energy Assistance and State Programs

Sec. 121. Weatherization assistance.
Sec. 122. State energy programs.
Sec. 123. Energy efficient appliance rebate programs.
Sec. 124. Energy efficient public buildings.
Sec. 125. Low income community energy efficiency pilot program.
Sec. 126. State technologies advancement collaborative.
Sec. 127. Model building energy code compliance grant program.

                 Subtitle C--Energy Efficient Products

Sec. 131. Energy Star program.
Sec. 132. HVAC maintenance consumer education program.
Sec. 133. Public energy education program.
Sec. 134. Energy efficiency public information initiative.
Sec. 135. Energy conservation standards for additional products.
Sec. 136. Energy conservation standards for commercial equipment.
Sec. 137. Expedited rulemaking.
Sec. 138. Energy labeling.
Sec. 139. Energy efficient electric and natural gas utilities study.
Sec. 140. Energy efficiency pilot program.
Sec. 141. Energy efficiency resource programs.

               Subtitle D--Measures to Conserve Petroleum

Sec. 151. Reduction of dependence on imported petroleum.

                Subtitle E--Energy Efficiency in Housing

Sec. 161. Public Housing Capital Fund.
Sec. 162. Energy efficient appliances.
Sec. 163. Energy efficiency standards.
Sec. 164. Energy strategy for the Department of Housing and Urban 
              Development.

                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Renewable content of motor vehicle fuel.
Sec. 205. Federal agency ethanol-blended gasoline and biodiesel 
              purchasing requirement.
Sec. 206. Data collection.
Sec. 207. Sugar cane ethanol program.
Sec. 208. Modification of Commodity Credit Corporation bioenergy 
              program.
Sec. 209. Advanced biofuel technologies program.
Sec. 210. Assistance for rural communities with high energy costs.

                       Subtitle B--Insular Energy

Sec. 221. Definitions.
Sec. 222. Assessment.
Sec. 223. Project feasibility studies.
Sec. 224. Implementation.
Sec. 225. Authorization of appropriations.

                       Subtitle C--Biomass Energy

Sec. 231. Definitions.
Sec. 232. Biomass commercial utilization grant program.
Sec. 233. Improved biomass utilization program.
Sec. 234. Report.

                     Subtitle D--Geothermal Energy

Sec. 241. Competitive lease sale requirements.
Sec. 242. Direct use.
Sec. 243. Royalties.
Sec. 244. Geothermal leasing and permitting on Federal land.
Sec. 245. Assessment of geothermal energy potential.
Sec. 246. Cooperative or unit plans.
Sec. 247. Royalty on byproducts.
Sec. 248. Lease duration and work commitment requirements.
Sec. 249. Annual rental.
Sec. 250. Advanced royalties required for cessation of production.
Sec. 251. Leasing and permitting on Federal land withdrawn for military 
              purposes.
Sec. 252. Technical amendments.

                       Subtitle E--Hydroelectric

Sec. 261. Alternative conditions and fishways.
Sec. 262. Alaska State jurisdiction over small hydroelectric projects.
Sec. 263. Flint Creek hydroelectric project.

                         TITLE III--OIL AND GAS

           Subtitle A--Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum 
              Reserve and other energy programs.
Sec. 302. National Oilheat Research Alliance.

                   Subtitle B--Production Incentives

Sec. 311. Definition of Secretary.
Sec. 312. Program on oil and gas royalties in-kind.
Sec. 313. Marginal property production incentives.
Sec. 314. Incentives for natural gas production from deep wells in the 
              shallow waters of the Gulf of Mexico.
Sec. 315. Royalty relief for deep water production.
Sec. 316. Alaska offshore royalty suspension.
Sec. 317. Oil and gas leasing in the National Petroleum Reserve in 
              Alaska.
Sec. 318. North slope science initiative.
Sec. 319. Orphaned, abandoned, or idled wells on Federal land.
Sec. 320. Combined hydrocarbon leasing.
Sec. 321. Alternate energy-related uses on the outer Continental Shelf.
Sec. 322. Preservation of geological and geophysical data.
Sec. 323. Oil and gas lease acreage limitations.
Sec. 324. Assessment of dependence of State of Hawaii on oil.
Sec. 325. Denali Commission.
Sec. 326. Comprehensive inventory of OCS oil and natural gas resources.
Sec. 327. Review and demonstration program for oil and natural gas 
              production.

                   Subtitle C--Access to Federal Land

Sec. 341. Federal onshore oil and gas leasing practices.
Sec. 342. Management of Federal oil and gas leasing programs.
Sec. 343. Consultation regarding oil and gas leasing on public land.
Sec. 344. Pilot project to improve Federal permit coordination.
Sec. 345. Energy facility rights-of-ways and corridors on Federal land.
Sec. 346. Oil shale leasing.

                      Subtitle D--Coastal Programs

Sec. 371. Coastal impact assistance program.

                        Subtitle E--Natural Gas

Sec. 381. Exportation or importation of natural gas.
Sec. 382. New natural gas storage facilities. 
Sec. 383. Process coordination; hearings; rules of procedures.
Sec. 384. Penalties.
Sec. 385. Market manipulation.
Sec. 386. Natural gas market transparency rules.
Sec. 387. Deadline for decision on appeals of consistency determination 
              under the Coastal Zone Management Act of 1972.
Sec. 388. Federal-State liquefied natural gas forums.
Sec. 389. Prohibition of trading and serving by certain persons.

             Subtitle F--Federal Coalbed Methane Regulation

Sec. 391. Federal coalbed methane regulation.

                             TITLE IV--COAL

                Subtitle A--Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.
Sec. 402. Project criteria.
Sec. 403. Report.
Sec. 404. Clean coal centers of excellence.

[[Page S6497]]

Sec. 405. Integrated coal/renewable energy system.
Sec. 406. Loan to place Alaska clean coal technology facility in 
              service.
Sec. 407. Western integrated coal gasification demonstration project.

                    Subtitle B--Federal Coal Leases

Sec. 411. Repeal of the 160-acre limitation for coal leases.
Sec. 412. Mining plans.
Sec. 413. Payment of advance royalties under coal leases.
Sec. 414. Elimination of deadline for submission of coal lease 
              operation and reclamation plan.
Sec. 415. Application of amendments.

                         TITLE V--INDIAN ENERGY

Sec. 501. Short title.
Sec. 502. Office of Indian Energy Policy and Programs.
Sec. 503. Indian energy.
Sec. 504. Four Corners transmission line project and electrification.
Sec. 505. Energy efficiency in federally assisted housing.
Sec. 506. Consultation with Indian tribes.

                       TITLE VI--NUCLEAR MATTERS

               Subtitle A--Price-Anderson Act Amendments

Sec. 601. Short title.
Sec. 602. Extension of indemnification authority.
Sec. 603. Maximum assessment.
Sec. 604. Department of Energy liability limit.
Sec. 605. Incidents outside the United States.
Sec. 606. Reports.
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors.
Sec. 609. Applicability.
Sec. 610. Civil penalties.

                  Subtitle B--General Nuclear Matters

Sec. 621. Medical isotope production.
Sec. 622. Safe disposal of greater-than-class C radioactive waste.
Sec. 623. Prohibition on nuclear exports to countries that sponsor 
              terrorism.
Sec. 624. Decommissioning pilot program.

           Subtitle C--Next Generation Nuclear Plant Project

Sec. 631. Project establishment.
Sec. 632. Project management.
Sec. 633. Project organization.
Sec. 634. Nuclear regulatory commission.
Sec. 635. Project timelines and authorization of appropriations.

                     TITLE VII--VEHICLES AND FUELS

                     Subtitle A--Existing Programs

Sec. 701. Use of alternative fuels by dual-fueled vehicles.
Sec. 702. Alternative fuel use by light duty vehicles.
Sec. 703. Incremental cost allocation.
Sec. 704. Alternative compliance and flexibility.
Sec. 705. Report concerning compliance with alternative fueled vehicle 
              purchasing requirements.

                   Subtitle B--Automobile Efficiency

Sec. 711. Authorization of appropriations for implementation and 
              enforcement of fuel economy standards.

                       Subtitle C--Miscellaneous

Sec. 721. Railroad efficiency.
Sec. 722. Conserve by bicycling program.
Sec. 723. Reduction of engine idling of heavy-duty vehicles.
Sec. 724. Biodiesel engine testing project.

               Subtitle D--Federal and State Procurement

Sec. 731. Definitions.
Sec. 732. Federal and State procurement of fuel cell vehicles and 
              hydrogen energy systems.
Sec. 733. Federal procurement of stationary, portable, and micro fuel 
              cells.

                          TITLE VIII--HYDROGEN

Sec. 801. Hydrogen research, development, and demonstration.

                   TITLE IX--RESEARCH AND DEVELOPMENT

Sec. 901. Short title.
Sec. 902. Goals.
Sec. 903. Definitions.

                     Subtitle A--Energy Efficiency

Sec. 911. Energy efficiency.
Sec. 912. Next Generation Lighting Initiative.
Sec. 913. National Building Performance Initiative.
Sec. 914. Secondary electric vehicle battery use program.
Sec. 915. Energy Efficiency Science Initiative.

       Subtitle B--Distributed Energy and Electric Energy Systems

Sec. 921. Distributed energy and electric energy systems.
Sec. 922. High power density industry program.
Sec. 923. Micro-cogeneration energy technology.
Sec. 924. Distributed energy technology demonstration program.
Sec. 925. Electric transmission and distribution programs.

                      Subtitle C--Renewable Energy

Sec. 931. Renewable energy.
Sec. 932. Bioenergy program.
Sec. 933. Concentrating solar power research program.
Sec. 934. Hybrid solar lighting research and development program.
Sec. 935. Miscellaneous projects.

                       Subtitle D--Nuclear Energy

Sec. 941. Nuclear energy.
Sec. 942. Nuclear energy research programs.
Sec. 943. Advanced fuel cycle initiative.
Sec. 944. Nuclear science and engineering support for institutions of 
              higher education.
Sec. 945. Security of nuclear facilities.
Sec. 946. Alternatives to industrial radioactive sources.

                       Subtitle E--Fossil Energy

Sec. 951. Fossil energy.
Sec. 952. Oil and gas research programs.
Sec. 953. Methane hydrate research.
Sec. 954. Research and development for coal mining technologies.
Sec. 955. Coal and related technologies program.
Sec. 956. Carbon dioxide capture research and development.
Sec. 957. Complex well technology testing facility.

                          Subtitle F--Science

Sec. 961. Science.
Sec. 962. Fusion energy sciences program.
Sec. 963. Support for science and energy facilities and infrastructure.
Sec. 964. Catalysis research program.
Sec. 965. Hydrogen.
Sec. 966. Solid state lighting.
Sec. 967. Advanced scientific computing for energy missions.
Sec. 968. Genomes to Life Program.
Sec. 969. Fission and fusion energy materials research program.
Sec. 970. Energy-Water Supply Technologies Program.
Sec. 971. Spallation neutron source.

                 Subtitle G--International Cooperation

Sec. 981. Western Hemisphere energy cooperation.
Sec. 982. Cooperation between United States and Israel.

                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Availability of funds.
Sec. 1002. Cost sharing.
Sec. 1003. Merit review of proposals.
Sec. 1004. External technical review of Departmental programs.
Sec. 1005. Improved technology transfer of energy technologies.
Sec. 1006. Technology Infrastructure Program.
Sec. 1007. Small business advocacy and assistance.
Sec. 1008. Outreach.
Sec. 1009. Relationship to other laws.
Sec. 1010. Improved coordination and management of civilian science and 
              technology programs.
Sec. 1011. Other transactions authority.
Sec. 1012. Prizes for achievement in grand challenges of science and 
              technology.
Sec. 1013. Technical corrections.

                    TITLE XI--PERSONNEL AND TRAINING

Sec. 1101. Workforce trends and traineeship grants.
Sec. 1102. Energy research fellowships.
Sec. 1103. Educational programs in science and mathematics.
Sec. 1104. Training guidelines for electric energy industry personnel.
Sec. 1105. National Center for Energy Management and Building 
              Technologies.
Sec. 1106. Improved access to energy-related scientific and technical 
              careers.
Sec. 1107. National Power Plant Operations Technology and Education 
              Center.

                         TITLE XII--ELECTRICITY

Sec. 1201. Short title.

                   Subtitle A--Reliability Standards

Sec. 1211. Electric reliability standards.

         Subtitle B--Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.
Sec. 1222. Third-party finance.
Sec. 1223. Advanced transmission technologies.
Sec. 1224. Advanced power system technology incentive program.

            Subtitle C--Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.
Sec. 1232. Regional Transmission Organizations.
Sec. 1233. Federal utility participation in Transmission Organizations.
Sec. 1234. Standard market design.
Sec. 1235. Native load service obligation.
Sec. 1236. Protection of transmission contracts in the Pacific 
              Northwest.

                  Subtitle D--Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.
Sec. 1242. Funding new interconnection and transmission upgrades.

                    Subtitle E--Amendments to PURPA

Sec. 1251. Net metering and additional standards.
Sec. 1252. Smart metering.
Sec. 1253. Cogeneration and small power production purchase and sale 
              requirements.
Sec. 1254. Interconnection.

 Subtitle F--Market Transparency, Enforcement, and Consumer Protection

Sec. 1261. Market transparency rules.
Sec. 1262. False Statements.
Sec. 1263. Market manipulation.

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Sec. 1264. Enforcement.
Sec. 1265. Refund effective date.
Sec. 1266. Refund authority.
Sec. 1267. Consumer privacy and unfair trade practices.
Sec. 1268. Office of Consumer Advocacy.
Sec. 1269. Authority of court to prohibit persons from serving as 
              officers, directors, and energy traders.
Sec. 1270. Relief for extraordinary violations.

             Subtitle G--Repeal of PUHCA and Merger Reform

Sec. 1271. Short title.
Sec. 1272. Definitions.
Sec. 1273. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 1274. Federal access to books and records.
Sec. 1275. State access to books and records.
Sec. 1276. Exemption authority.
Sec. 1277. Affiliate transactions.
Sec. 1278. Applicability.
Sec. 1279. Effect on other regulations.
Sec. 1280. Enforcement.
Sec. 1281. Savings provisions.
Sec. 1282. Implementation.
Sec. 1283. Transfer of resources.
Sec. 1284. Effective date.
Sec. 1285. Service allocation.
Sec. 1286. Authorization of appropriations.
Sec. 1287. Conforming amendments to the Federal Power Act.
Sec. 1288. Merger review reform.

                        Subtitle H--Definitions

Sec. 1291. Definitions.

            Subtitle I--Technical and Conforming Amendments

Sec. 1295. Conforming amendments.

                          TITLE XIII--STUDIES

Sec. 1301. Energy and water saving measures in congressional buildings.
Sec. 1302. Increased hydroelectric generation at existing Federal 
              facilities.
Sec. 1303. Alaska Natural Gas Pipeline.
Sec. 1304. Renewable energy on Federal land.
Sec. 1305. Coal bed methane study.
Sec. 1306. Backup fuel capability study.
Sec. 1307. Indian land rights-of-way.
Sec. 1308. Review of Energy Policy Act of 1992 programs.
Sec. 1309. Study of feasibility and effects of reducing use of fuel for 
              automobiles.
Sec. 1310. Hybrid distributed power systems.
Sec. 1311. Mobility of scientific and technical personnel.
Sec. 1312. National Academy of Sciences report.
Sec. 1313. Report on research and development program evaluation 
              methodologies.
Sec. 1314. Transmission system monitoring study.
Sec. 1315. Interagency review of competition in the wholesale and 
              retail markets for electric energy.
Sec. 1316. Study on the benefits of economic dispatch.
Sec. 1317. Study of rapid electrical grid restoration.
Sec. 1318. Study of distributed generation.
Sec. 1319. Study on inventory of petroleum and natural gas storage.
Sec. 1320. Natural gas supply shortage report.
Sec. 1321. Split-estate Federal oil and gas leasing and development 
              practices.
Sec. 1322. Resolution of Federal resource development conflicts in the 
              Powder River Basin.
Sec. 1323. Study of energy efficiency standards.
Sec. 1324. Telecommuting study.
Sec. 1325. Oil bypass filtration technology.
Sec. 1326. Total integrated thermal systems.
Sec. 1327. University collaboration.
Sec. 1328. Hydrogen participation study.

           TITLE XIV--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

Sec. 1401. Definitions.
Sec. 1402. Terms and conditions.
Sec. 1403. Eligible projects.
Sec. 1404. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (3) National laboratory.--The term ``National Laboratory'' 
     means any of the following laboratories owned by the 
     Department:
       (A) Ames Laboratory.
       (B) Argonne National Laboratory.
       (C) Brookhaven National Laboratory.
       (D) Fermi National Accelerator Laboratory.
       (E) Idaho National Laboratory.
       (F) Lawrence Berkeley National Laboratory.
       (G) Lawrence Livermore National Laboratory.
       (H) Los Alamos National Laboratory.
       (I) National Energy Technology Laboratory.
       (J) National Renewable Energy Laboratory.
       (K) Oak Ridge National Laboratory.
       (L) Pacific Northwest National Laboratory.
       (M) Princeton Plasma Physics Laboratory.
       (N) Sandia National Laboratories.
       (O) Stanford Linear Accelerator Center.
       (P) Thomas Jefferson National Accelerator Facility.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (5) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

     SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL 
                   BUILDINGS.

       (a) In General.--Part 3 of title V of the National Energy 
     Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended--
       (1) by redesignating section 551 (42 U.S.C. 8259) as 
     section 553; and
       (2) by inserting after section 550 (42 U.S.C. 8258b) the 
     following:

     ``SEC. 551. ENERGY AND WATER SAVINGS MEASURES IN 
                   CONGRESSIONAL BUILDINGS.

       ``(a) Definitions.--In this section:
       ``(1) Congressional building.--The term `congressional 
     building' means a facility administered by Congress.
       ``(2) Plan.--The term `plan' means an energy conservation 
     and management plan developed under subsection (b)(1).
       ``(b) Plan.--
       ``(1) In general.--The Architect of the Capitol shall 
     develop, update, and implement a cost-effective energy 
     conservation and management plan for congressional buildings 
     to meet the energy performance requirements for Federal 
     buildings established under section 543(a)(1).
       ``(2) Requirements.--The plan shall include--
       ``(A) a description of the life-cycle cost analysis used to 
     determine the cost-effectiveness of proposed energy 
     efficiency projects;
       ``(B) a schedule that ensures that complete energy surveys 
     of all congressional buildings are conducted every 5 years to 
     determine the cost and payback period of energy and water 
     conservation measures;
       ``(C) a strategy for installation of life-cycle cost-
     effective energy and water conservation measures;
       ``(D) the results of a study of the costs and benefits of 
     installation of submetering in congressional buildings; and
       ``(E) information packages and `how-to' guides for each 
     Member and employing authority of Congress that describe 
     simple and cost-effective methods to save energy and taxpayer 
     dollars in congressional buildings.
       ``(3) Submission to congress.--Not later than 180 days 
     after the date of enactment of the Energy Policy Act of 2005, 
     the Architect of the Capitol shall submit to Congress the 
     plan developed under paragraph (1).
       ``(c) Annual Report.--
       ``(1) In general.--The Architect of the Capitol shall 
     annually submit to Congress a report on congressional energy 
     management and conservation programs carried out for 
     congressional buildings under this section.
       ``(2) Requirements.--A report submitted under paragraph (1) 
     shall describe in detail--
       ``(A) energy expenditures and savings estimates for each 
     congressional building;
       ``(B) any energy management and conservation projects for 
     congressional buildings; and
       ``(C) future priorities to ensure compliance with this 
     section.''.
       (b) Conforming Amendment.--The table of contents of the 
     National Energy Conservation Policy Act is amended--
       (1) by redesignating the item relating to section 551 as 
     section 553; and
       (2) by inserting after the item relating to section 550 the 
     following:

``Sec. 551. Energy and water savings measures in congressional 
              buildings.''.
       (c) Repeal.--Section 310 of the Legislative Branch 
     Appropriations Act, 1999 (2 U.S.C. 1815), is repealed.
       (d) Energy Infrastructure.--
       (1) In general.--The Architect of the Capitol, building on 
     the Master Plan Study for the Capitol complex completed in 
     July 2000, shall commission a study to evaluate the energy 
     infrastructure of the Capitol complex to determine how to 
     augment the infrastructure to become more energy efficient--
       (A) by using unconventional and renewable energy resources; 
     and
       (B) in a manner that would enable the Capitol complex to 
     have reliable utility service in the event of power 
     fluctuations, shortages, or outages.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Architect of the Capitol to carry 
     out this section $2,000,000 for each of fiscal years 2006 
     through 2010.

     SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.

       (a) Energy Reduction Goals.--Section 543(a) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8253(a)) is 
     amended--
       (1) in paragraph (1), by striking ``Subject to'' and all 
     that follows and inserting ``(A) Subject to paragraph (2), 
     each agency shall apply energy conservation measures to, and 
     shall improve the design for the construction of, the Federal 
     buildings of the agency (including each industrial or 
     laboratory facility) so that the energy consumption for each 
     gross square foot of the Federal buildings of the agency for 
     fiscal years 2006 through 2015 is reduced, as compared with 
     the energy consumption for each gross square foot of the

[[Page S6499]]

     Federal buildings of the agency for fiscal year 2004, by the 
     percentage specified in the following table:

  ``Fiscal Year                                    Percentage reduction
    2006............................................................ 2 
    2007............................................................ 4 
    2008............................................................ 6 
    2009............................................................ 8 
    2010............................................................10 
    2011............................................................12 
    2012............................................................14 
    2013............................................................16 
    2014............................................................18 
    2015............................................................20.

       ``(B) The energy reduction goals and baseline established 
     in subparagraph (A) supersede--
       ``(i) all goals and baselines under this paragraph in 
     effect on the day before the date of enactment of this 
     subparagraph; and
       ``(ii) any related reporting requirements.''; and
       (2) by adding at the end the following:
       ``(3) Not later than December 31, 2013, the Secretary 
     shall--
       ``(A) review the results of the implementation of the 
     energy performance requirement established under paragraph 
     (1); and
       ``(B) submit to Congress recommendations concerning energy 
     performance requirements for each of fiscal years 2015 
     through 2024.''.
       (b) Exclusions; Review by Secretary; Criteria.--Section 
     543(c) of the National Energy Conservation Policy Act (42 
     U.S.C. 8253(c)) is amended--
       (1) in paragraph (1), by striking ``An agency may exclude'' 
     and all that follows and inserting ``(A) An agency may 
     exclude, from the energy performance requirement for a fiscal 
     year established under subsection (a) and the energy 
     management requirement established under subsection (b), any 
     Federal building or collection of Federal buildings, if the 
     head of the agency finds that--
       ``(i) compliance with those requirements would be 
     impracticable;
       ``(ii) the agency has completed and submitted all federally 
     required energy management reports;
       ``(iii) the agency has achieved compliance with the energy 
     efficiency requirements of this Act, the Energy Policy Act of 
     1992 (42 U.S.C. 13201 et seq.), Executive orders, and other 
     Federal law; and
       ``(iv) the agency has implemented all practicable, life-
     cycle cost-effective projects with respect to the Federal 
     building or collection of Federal buildings to be excluded.
       ``(B) A finding of impracticability under subparagraph 
     (A)(i) shall be based on--
       ``(i) the energy intensiveness of activities carried out in 
     the Federal building or collection of Federal buildings; or
       ``(ii) the fact that the Federal building or collection of 
     Federal buildings is used in the performance of a national 
     security function.'';
       (2) in paragraph (2)--
       (A) in the second sentence--
       (i) by striking ``impracticability standards'' and 
     inserting ``standards for exclusion''; and
       (ii) by striking ``a finding of impracticability'' and 
     inserting ``the exclusion''; and
       (B) in the third sentence, by striking ``energy consumption 
     requirements'' and inserting ``requirements of subsections 
     (a) and (b)(1)''; and
       (3) by adding at the end the following:
       ``(3) Not later than 180 days after the date of enactment 
     of this paragraph, the Secretary shall issue guidelines that 
     establish criteria for exclusions under paragraph (1).''.
       (c) Retention of Energy and Water Savings.--Section 546 of 
     the National Energy Conservation Policy Act (42 U.S.C. 8256) 
     is amended--
       (1) in subsection (d)(2)(G), by inserting ``of the Energy 
     Policy Act of 1992 (42 U.S.C. 8262e)'' after ``159''; and
       (2) by adding at the end the following:
       ``(e) Retention of Energy and Water Savings.--(1) An agency 
     may retain any funds appropriated to the agency for energy 
     expenditures, water expenditures, or wastewater treatment 
     expenditures, at buildings subject to the requirements of 
     subsections (a) and (b) of section 543, that are not expended 
     because of energy savings or water savings.
       ``(2) Except as otherwise provided by law, funds described 
     in paragraph (1) may be used by an agency only for energy 
     efficiency, water conservation, or unconventional and 
     renewable energy resources projects.''.
       (d) Reports.--Section 548(b) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
       (1) in the subsection heading, by inserting ``the President 
     and'' before ``Congress''; and
       (2) by inserting ``President and'' before ``Congress''.
       (e) Conforming Amendment.--Section 550(d) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8258b(d)) is 
     amended in the second sentence by striking ``the 20 percent 
     reduction goal established under section 543(a) of the 
     National Energy Conservation Policy Act (42 U.S.C. 
     8253(a)).'' and inserting ``each of the energy reduction 
     goals established under section 543(a).''.

     SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended by adding at the end the 
     following:
       ``(e) Metering of Energy Use.--(1)(A) Not later than 
     October 1, 2012, in accordance with guidelines established by 
     the Secretary under paragraph (2), each Federal building 
     shall, for the purposes of efficient use of energy and 
     reduction in the cost of electricity used in the building, be 
     metered or submetered.
       ``(B) Each agency shall use, to the maximum extent 
     practicable, advanced meters or advanced metering devices 
     that provide data at least daily on, and that measure at 
     least hourly, consumption of electricity in the Federal 
     buildings of the agency.
       ``(C) The data shall be--
       ``(i) incorporated into Federal energy tracking systems; 
     and
       ``(ii) made available to Federal facility energy managers.
       ``(2)(A) Not later than 180 days after the date of 
     enactment of this subsection, the Secretary (in consultation 
     with the Secretary of Defense, the Administrator of General 
     Services, representatives from the metering industry, utility 
     industry, energy services industry, energy efficiency 
     industry, energy efficiency advocacy organizations, national 
     laboratories, and universities, and Federal facility energy 
     managers) shall establish guidelines for agencies to carry 
     out paragraph (1).
       ``(B) The guidelines shall--
       ``(i) take into consideration--
       ``(I) the cost of metering and submetering and the reduced 
     cost of operation and maintenance expected to result from 
     metering and submetering;
       ``(II) the extent to which metering and submetering are 
     expected to result in increased potential for energy 
     management, increased potential for energy savings and energy 
     efficiency improvement, and cost and energy savings because 
     of utility contract aggregation; and
       ``(III) the measurement and verification protocols of the 
     Department of Energy;
       ``(ii) include recommendations concerning the amount of 
     funds and the number of trained personnel necessary to gather 
     and use the metering information to track and reduce energy 
     use;
       ``(iii) establish priorities for types and locations of 
     buildings to be metered and submetered based on cost-
     effectiveness and a schedule of 1 or more dates, not later 
     than 1 year after the date of issuance of the guidelines, on 
     which paragraph (1) takes effect; and
       ``(iv) establish exclusions from the requirements of 
     paragraph (1) based on the de minimis quantity of energy use 
     of a Federal building, industrial process, or structure.
       ``(3) Not later than 180 days after the date on which 
     guidelines are established under paragraph (2), in a report 
     submitted by an agency under section 548(a), the agency shall 
     submit to the Secretary a plan describing the manner in which 
     the agency will implement paragraph (1), including--
       ``(A) the manner in which the agency will designate 
     personnel primarily responsible for carrying out that 
     implementation; and
       ``(B) demonstration by the agency, complete with 
     documentation, of any finding that the use of advanced meters 
     or advanced metering devices described in paragraph (1) is 
     not practicable.''.

     SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

       (a) Requirements.--Part 3 of title V of the National Energy 
     Conservation Policy Act (42 U.S.C. 8251 et seq.) (as amended 
     by section 101(a)) is amended by inserting after section 551 
     the following:

     ``SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

       ``(a) Definitions.--In this section:
       ``(1) The term `Energy Star product' means a product that 
     is rated for energy efficiency under an Energy Star program.
       ``(2) The term `Energy Star program' means the program 
     established by section 324A of the Energy Policy and 
     Conservation Act.
       ``(3) The term `executive agency' has the meaning given the 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403).
       ``(4) The term `FEMP designated product' means a product 
     that is designated under the Federal Energy Management 
     Program of the Department of Energy as being among the 
     highest 25 percent of equivalent products for energy 
     efficiency.
       ``(b) Procurement of Energy Efficient Products.--(1) Except 
     as provided in paragraph (2), to meet the requirements of an 
     executive agency for an energy consuming product, the head of 
     the executive agency shall procure--
       ``(A) an Energy Star product; or
       ``(B) a FEMP designated product.
       ``(2) The head of an executive agency shall not be required 
     to comply with paragraph (1) if the head of the executive 
     agency specifies in writing that--
       ``(A) taking into account energy cost savings, an Energy 
     Star product or FEMP designated product is not cost-effective 
     over the life of the product; or
       ``(B) no Energy Star product or FEMP designated product is 
     reasonably available that meets the functional requirements 
     of the executive agency.
       ``(3) The head of an executive agency shall incorporate 
     criteria for energy efficiency that are consistent with the 
     criteria used for rating Energy Star products and FEMP 
     designated products into--
       ``(A) the specifications for any procurements involving 
     energy consuming products and systems, including--
       ``(i) guide specifications;

[[Page S6500]]

       ``(ii) project specifications; and
       ``(iii) construction, renovation, and services contracts 
     that include the provision of energy consuming products and 
     systems; and
       ``(B) the factors for the evaluation of offers received for 
     the procurement.
       ``(c) Listing of Energy Efficient Products in Federal 
     Catalogs.--(1) Any inventory or listing of products by the 
     General Services Administration or the Defense Logistics 
     Agency shall clearly identify and prominently display Energy 
     Star products and FEMP designated products.
       ``(2)(A) Except as provided in subparagraph (B), the 
     General Services Administration or the Defense Logistics 
     Agency shall supply only Energy Star products or FEMP 
     designated products for all product categories covered by the 
     Energy Star program or the Federal Energy Management Program.
       ``(B) Subparagraph (A) shall not apply if an agency 
     ordering a product specifies in writing that--
       ``(i) taking into account energy cost savings, no Energy 
     Star product or FEMP designated product is cost-effective for 
     the intended application over the life of the product; or
       ``(ii) no Energy Star product or FEMP designated product is 
     available to meet the functional requirements of the ordering 
     agency.
       ``(d) Specific Products.--(1) In the case of an electric 
     motor of 1 to 500 horsepower, an executive agency shall 
     select only a premium efficient motor that meets the standard 
     established by the Secretary under paragraph (2).
       ``(2) Not later than 120 days after the date of enactment 
     of this subsection and after considering the recommendations 
     of associated electric motor manufacturers and energy 
     efficiency groups, the Secretary shall establish a standard 
     for premium efficient motors.
       ``(3)(A) Each Federal agency is encouraged to take actions 
     (such as appropriate cleaning and maintenance) to maximize 
     the efficiency of air conditioning and refrigeration 
     equipment, including the use of a system treatment or 
     additive that--
       ``(i) would reduce the electricity consumed by air 
     conditioning and refrigeration equipment; and
       ``(ii) meets the criteria specified in subparagraph (B).
       ``(B) A system treatment or additive referred to in 
     subparagraph (A) shall be--
       ``(i) determined by the Secretary to be effective in 
     increasing the efficiency of air conditioning and 
     refrigeration equipment without having an adverse impact on--
       ``(I) air conditioning and refrigeration performance 
     (including cooling capacity); or
       ``(II) the useful life of the equipment;
       ``(ii) determined by the Administrator of the Environmental 
     Protection Agency to be environmentally safe; and
       ``(iii) shown, in tests conducted by the National Institute 
     of Standards and Technology, in accordance with Department of 
     Energy test procedures, to increase the seasonal energy 
     efficiency ratio (SEER) or energy efficiency ratio (EER) 
     without having any adverse impact on the system, system 
     components, the refrigerant or lubricant, or other materials 
     in the system.
       ``(4) The results of the tests described in paragraph 
     (3)(B)(iii) shall be published in the Federal Register for 
     public review and comment.
       ``(5) For purposes of this subsection, a hardware device or 
     primary refrigerant shall not be considered an additive.
       ``(e) Regulations.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall issue 
     guidelines to carry out this section.''.
       (b) Conforming Amendment.--The table of contents of the 
     National Energy Conservation Policy Act (as amended by 
     section 101(b)) is amended by inserting after the item 
     relating to section 551 the following:

``Sec. 552. Federal procurement of energy efficient products.''.

     SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Permanent Extension.--Section 801(c) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8287(c)) is amended 
     by striking ``2006'' and inserting ``2016''.
       (b) Extension of Authority.--Any energy savings performance 
     contract entered into under section 801 of the National 
     Energy Conservation Policy Act (42 U.S.C. 8287) after October 
     1, 2003, and before the date of enactment of this Act, shall 
     be considered to have been entered into under that section.

     SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY 
                   INTENSITY.

       (a) Definition of Energy Intensity.--In this section, the 
     term ``energy intensity'' means the primary energy consumed 
     for each unit of physical output in an industrial process.
       (b) Voluntary Agreements.--The Secretary may enter into 
     voluntary agreements with 1 or more persons in industrial 
     sectors that consume significant quantities of primary energy 
     for each unit of physical output to reduce the energy 
     intensity of the production activities of the persons.
       (c) Goal.--Voluntary agreements under this section shall 
     have as a goal the reduction of energy intensity by not less 
     than 2.5 percent each year during the period of calendar 
     years 2007 through 2016.
       (d) Recognition.--The Secretary, in cooperation with other 
     appropriate Federal agencies, shall develop mechanisms to 
     recognize and publicize the achievements of participants in 
     voluntary agreements under this section.
       (e) Technical Assistance.--A person that enters into an 
     agreement under this section and continues to make a good 
     faith effort to achieve the energy efficiency goals specified 
     in the agreement shall be eligible to receive from the 
     Secretary a grant or technical assistance, as appropriate, to 
     assist in the achievement of those goals.
       (f) Report.--Not later than each of June 30, 2012, and June 
     30, 2017, the Secretary shall submit to Congress a report 
     that--
       (1) evaluates the success of the voluntary agreements under 
     this section; and
       (2) provides independent verification of a sample of the 
     energy savings estimates provided by participating firms.

     SEC. 107. FEDERAL BUILDING PERFORMANCE STANDARDS.

       Section 305(a) of the Energy Conservation and Production 
     Act (42 U.S.C. 6834(a)) is amended--
       (1) in paragraph (2)(A), by striking ``CABO Model Energy 
     Code, 1992 (in the case of residential buildings) or ASHRAE 
     Standard 90.1-1989'' and inserting ``the 2004 International 
     Energy Conservation Code (in the case of residential 
     buildings) or ASHRAE Standard 90.1-2004''; and
       (2) by adding at the end the following:
       ``(3)(A) Not later than 1 year after the date of enactment 
     of this paragraph, the Secretary shall establish, by rule, 
     revised Federal building energy efficiency performance 
     standards that require that--
       ``(i) if life-cycle cost-effective for new Federal 
     buildings--
       ``(I) the buildings be designed to achieve energy 
     consumption levels that are at least 30 percent below the 
     levels established in the version of the ASHRAE Standard or 
     the International Energy Conservation Code, as appropriate, 
     that is in effect as of the date of enactment of this 
     paragraph; and
       ``(II) sustainable design principles are applied to the 
     siting, design, and construction of all new and replacement 
     buildings; and
       ``(ii) if water is used to achieve energy efficiency, water 
     conservation technologies shall be applied to the extent that 
     the technologies are life-cycle cost-effective.
       ``(B) Not later than 1 year after the date of approval of 
     each subsequent revision of the ASHRAE Standard or the 
     International Energy Conservation Code, as appropriate, the 
     Secretary shall determine, based on the cost-effectiveness of 
     the requirements under the amendment, whether the revised 
     standards established under this paragraph should be updated 
     to reflect the amendment.
       ``(C) In the budget request of the Federal agency for each 
     fiscal year and each report submitted by the Federal agency 
     under section 548(a) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8258(a)), the head of each Federal 
     agency shall include--
       ``(i) a list of all new Federal buildings owned, operated, 
     or controlled by the Federal agency; and
       ``(ii) a statement specifying whether the Federal buildings 
     meet or exceed the revised standards established under this 
     paragraph.''.

     SEC. 108. INCREASED USE OF RECOVERED MINERAL COMPONENT IN 
                   FEDERALLY FUNDED PROJECTS INVOLVING PROCUREMENT 
                   OF CEMENT OR CONCRETE.

       (a) Amendment.--Subtitle F of the Solid Waste Disposal Act 
     (42 U.S.C. 6961 et seq.) is amended by adding at the end the 
     following:


  ``increased use of recovered mineral component in federally funded 
          projects involving procurement of cement or concrete

       ``Sec. 6005. (a) Definitions.--In this section:
       ``(1) Agency head.--The term `agency head' means--
       ``(A) the Secretary of Transportation; and
       ``(B) the head of any other Federal agency that, on a 
     regular basis, procures, or provides Federal funds to pay or 
     assist in paying the cost of procuring, material for cement 
     or concrete projects.
       ``(2) Cement or concrete project.--The term `cement or 
     concrete project' means a project for the construction or 
     maintenance of a highway or other transportation facility or 
     a Federal, State, or local government building or other 
     public facility that--
       ``(A) involves the procurement of cement or concrete; and
       ``(B) is carried out, in whole or in part, using Federal 
     funds.
       ``(3) Recovered mineral component.--The term `recovered 
     mineral component' means--
       ``(A) ground granulated blast furnace slag;
       ``(B) coal combustion fly ash; and
       ``(C) any other waste material or byproduct recovered or 
     diverted from solid waste that the Administrator, in 
     consultation with an agency head, determines should be 
     treated as recovered mineral component under this section for 
     use in cement or concrete projects paid for, in whole or in 
     part, by the agency head.
       ``(b) Implementation of Requirements.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Administrator and each agency 
     head shall take such actions as are necessary to implement 
     fully all procurement requirements and incentives in effect 
     as of the date of enactment of this section (including 
     guidelines under section 6002) that provide for the use of 
     cement and concrete incorporating recovered mineral component 
     in cement or concrete projects.

[[Page S6501]]

       ``(2) Priority.--In carrying out paragraph (1), an agency 
     head shall give priority to achieving greater use of 
     recovered mineral component in cement or concrete projects 
     for which recovered mineral components historically have not 
     been used or have been used only minimally.
       ``(3) Federal procurement requirements.--The Administrator 
     and each agency head shall carry out this subsection in 
     accordance with section 6002.
       ``(c) Full Implementation Study.--
       ``(1) In general.--The Administrator, in cooperation with 
     the Secretary of Transportation and the Secretary of Energy, 
     shall conduct a study to determine the extent to which 
     procurement requirements, when fully implemented in 
     accordance with subsection (b), may realize energy savings 
     and environmental benefits attainable with substitution of 
     recovered mineral component in cement used in cement or 
     concrete projects.
       ``(2) Matters to be addressed.--The study shall--
       ``(A) quantify--
       ``(i) the extent to which recovered mineral components are 
     being substituted for Portland cement, particularly as a 
     result of procurement requirements; and
       ``(ii) the energy savings and environmental benefits 
     associated with the substitution;
       ``(B) identify all barriers in procurement requirements to 
     greater realization of energy savings and environmental 
     benefits, including barriers resulting from exceptions from 
     the law; and
       ``(C)(i) identify potential mechanisms to achieve greater 
     substitution of recovered mineral component in types of 
     cement or concrete projects for which recovered mineral 
     components historically have not been used or have been used 
     only minimally;
       ``(ii) evaluate the feasibility of establishing guidelines 
     or standards for optimized substitution rates of recovered 
     mineral component in those cement or concrete projects; and
       ``(iii) identify any potential environmental or economic 
     effects that may result from greater substitution of 
     recovered mineral component in those cement or concrete 
     projects.
       ``(3) Report.--Not later than 30 months after the date of 
     enactment of this section, the Administrator shall submit to 
     Congress a report on the study.
       ``(d) Additional Procurement Requirements.--Unless the 
     study conducted under subsection (c) identifies any effects 
     or other problems described in subsection (c)(2)(C)(iii) that 
     warrant further review or delay, the Administrator and each 
     agency head shall, not later than 1 year after the date on 
     which the report under subsection (c)(3) is submitted, take 
     additional actions under this Act to establish procurement 
     requirements and incentives that provide for the use of 
     cement and concrete with increased substitution of recovered 
     mineral component in the construction and maintenance of 
     cement or concrete projects--
       ``(1) to realize more fully the energy savings and 
     environmental benefits associated with increased 
     substitution; and
       ``(2) to eliminate barriers identified under subsection 
     (c)(2)(B).
       ``(e) Effect of Section.--Nothing in this section affects 
     the requirements of section 6002 (including the guidelines 
     and specifications for implementing those requirements).''.
       (b) Conforming Amendment.--The table of contents of the 
     Solid Waste Disposal Act is amended by adding after the item 
     relating to section 6004 the following:

``Sec. 6005. Increased use of recovered mineral component in federally 
              funded projects involving procurement of cement or 
              concrete.''.

            Subtitle B--Energy Assistance and State Programs

     SEC. 121. WEATHERIZATION ASSISTANCE.

       Section 422 of the Energy Conservation and Production Act 
     (42 U.S.C. 6872) is amended by striking ``for fiscal years 
     1999 through 2003 such sums as may be necessary'' and 
     inserting ``$325,000,000 for fiscal year 2006, $400,000,000 
     for fiscal year 2007, and $500,000,000 for fiscal year 
     2008''.

     SEC. 122. STATE ENERGY PROGRAMS.

       (a) State Energy Conservation Plans.--Section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322) is 
     amended by adding at the end the following:
       ``(g)(1) 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 the State 
     submitted under subsection (b) or (e).
       ``(2) A review conducted under paragraph (1) should--
       ``(A) consider the energy conservation plans of other 
     States within the region; and
       ``(B) identify opportunities and actions carried out in 
     pursuit of common energy conservation goals.''.
       (b) State Energy Efficiency Goals.--Section 364 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6324) is 
     amended to read as follows:


                    ``state energy efficiency goals

       ``Sec. 364. Each State energy conservation plan with 
     respect to which assistance is made available under this part 
     on or after the date of enactment of the Energy Policy Act of 
     2005--
       ``(1) 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 1992; and
       ``(2) may contain interim goals.''.
       (c) Authorization of Appropriations.--Section 365(f) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
     amended by striking ``for fiscal years 1999 through 2003 such 
     sums as may be necessary'' and inserting ``$100,000,000 for 
     each of fiscal years 2006 and 2007 and $125,000,000 for 
     fiscal year 2008''.

     SEC. 123. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible State'' means a 
     State that meets the requirements of subsection (b).
       (2) Energy star program.--The term ``Energy Star program'' 
     means the program established by section 324A of the Energy 
     Policy and Conservation Act (as added by section 131(a)).
       (3) Residential energy star product.--The term 
     ``residential Energy Star product'' means a product for a 
     residence that is rated for energy efficiency under the 
     Energy Star program.
       (4) State energy office.--The term ``State energy office'' 
     means the State agency responsible for developing State 
     energy conservation plans under section 362 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6322).
       (5) State program.--The term ``State program'' means a 
     State energy efficient appliance rebate program described in 
     subsection (b)(1).
       (b) Eligible States.--A State shall be eligible to receive 
     an allocation under subsection (c) if the State--
       (1) establishes (or has established) a State energy 
     efficient appliance rebate program to provide rebates to 
     residential consumers for the purchase of residential Energy 
     Star products to replace used appliances of the same type;
       (2) submits an application for the allocation at such time, 
     in such form, and containing such information as the 
     Secretary may require; and
       (3) provides assurances satisfactory to the Secretary that 
     the State will use the allocation to supplement, but not 
     supplant, funds made available to carry out the State 
     program.
       (c) Amount of Allocations.--
       (1) In general.--Subject to paragraph (2), for each fiscal 
     year, the Secretary shall allocate to the State energy office 
     of each eligible State to carry out subsection (d) an amount 
     equal to the product obtained by multiplying--
       (A) the amount made available under subsection (f) for the 
     fiscal year; and
       (B) by the ratio that--
       (i) the population of the State in the most recent calendar 
     year for which data are available; bears to
       (ii) the total population of all eligible States in that 
     calendar year.
       (2) Minimum allocations.--For each fiscal year, the amounts 
     allocated under this subsection shall be adjusted 
     proportionately so that no eligible State is allocated a sum 
     that is less than such minimum amount as shall be determined 
     by the Secretary.
       (d) Use of Allocated Funds.--The allocation to a State 
     energy office under subsection (c) may be used to pay not 
     more than 50 percent of the cost of establishing and carrying 
     out a State program.
       (e) Issuance of Rebates.--
       (1) In general.--A rebate may be provided to a residential 
     consumer that meets the requirements of the State program.
       (2) Amount.--The amount of a rebate shall be determined by 
     the State energy office, taking into consideration--
       (A) the amount of the allocation to the State energy office 
     under subsection (c);
       (B) the amount of any Federal or State tax incentive 
     available for the purchase of the residential Energy Star 
     product; and
       (C) the difference between--
       (i) the cost of the residential Energy Star product; and
       (ii) the cost of an appliance that is not a residential 
     Energy Star product, but is of the same type as, and is the 
     nearest capacity, performance, and other relevant 
     characteristics (as determined by the State energy office) 
     to, the residential Energy Star product.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $50,000,000 for each of fiscal years 2006 through 2010.

     SEC. 124. ENERGY EFFICIENT PUBLIC BUILDINGS.

       (a) Grants.--The Secretary may make grants to the State 
     agency responsible for developing State energy conservation 
     plans under section 362 of the Energy Policy and Conservation 
     Act (42 U.S.C. 6322), or a State agency designated by the 
     Governor of the State, to assist units of local government in 
     the State in improving the energy efficiency of public 
     buildings and facilities through--
       (1) construction of new energy efficient public buildings 
     that use at least 30 percent less energy than a comparable 
     public building constructed in compliance with standards 
     prescribed in--
       (A) the most recent version of the International Energy 
     Conservation Code; or
       (B) a similar State code intended to achieve substantially 
     equivalent efficiency levels; or
       (2) renovation of existing public buildings to achieve 
     reductions in energy use of at least 30 percent as compared 
     to the baseline

[[Page S6502]]

     energy use in the buildings before renovation, assuming a 3-
     year, weather-normalized average for calculating the 
     baseline.
       (b) Administration.--State energy offices receiving grants 
     under this section shall--
       (1) maintain any records and evidence of compliance that 
     the Secretary may require; and
       (2) to encourage planning, financing, and design of energy 
     efficient public buildings by units of local government--
       (A) develop and distribute information and materials; and
       (B) conduct programs to provide technical services and 
     assistance.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary to carry out this section $30,000,000 for each 
     of fiscal years 2006 through 2010.
       (2) Administrative expenses.--Not more than 10 percent of 
     amounts made available under paragraph (1) shall be used for 
     administrative expenses.

     SEC. 125. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT 
                   PROGRAM.

       (a) Definition of Indian Tribe.--In this section, the term 
     ``Indian tribe'' has the meaning given the term in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b).
       (b) Grants.--
       (1) In general.--The Secretary may provide grants, on a 
     competitive basis, to units of local government, private or 
     nonprofit community development organizations, and economic 
     development entities of Indian tribes--
       (A) to improve energy efficiency;
       (B) to identify and develop alternative, renewable, and 
     distributed energy supplies; and
       (C) to increase energy conservation in low-income rural and 
     urban communities.
       (2) Eligible activities.--The following activities are 
     eligible for grants under paragraph (1):
       (A) Investments that develop alternative, renewable, and 
     distributed energy supplies.
       (B) Energy efficiency projects and energy conservation 
     programs.
       (C) Studies and other activities that improve energy 
     efficiency in low-income rural and urban communities.
       (D) Planning and development assistance for increasing the 
     energy efficiency of buildings and facilities.
       (E) Technical and financial assistance to units of local 
     government and private entities to develop new renewable and 
     distributed sources of power or combined heat and power 
     generation.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $20,000,000 for each of fiscal years 2006 through 2010.

     SEC. 126. STATE TECHNOLOGIES ADVANCEMENT COLLABORATIVE.

       (a) In General.--The Secretary, in cooperation with the 
     States, shall establish a cooperative program for research, 
     development, demonstration, and deployment of technologies in 
     which there is a common Federal and State energy efficiency, 
     renewable energy, and fossil energy interest, to be known as 
     the ``State Technologies Advancement Collaborative'' 
     (referred to in this section as the ``Collaborative'').
       (b) Duties.--The Collaborative shall--
       (1) leverage Federal and State funding through cost-shared 
     activity;
       (2) reduce redundancies in Federal and State funding; and
       (3) create multistate projects to be awarded through a 
     competitive process.
       (c) Administration.--The Collaborative shall be 
     administered through an agreement between the Department and 
     appropriate State-based organizations.
       (d) Funding Sources.--Funding for the Collaborative may be 
     provided from--
       (1) amounts specifically appropriated for the 
     Collaborative; or
       (2) amounts that may be allocated from other appropriations 
     without changing the purpose for which the amounts are 
     appropriated.
       (e) Authorization of Appropriations.--There are authorized 
     to carry out this section such sums as are necessary for each 
     of fiscal years 2006 through 2010.

     SEC. 127. MODEL BUILDING ENERGY CODE COMPLIANCE GRANT 
                   PROGRAM.

       (a) In General.--The Secretary shall carry out a program to 
     provide grants to each State that the Secretary determines, 
     with respect to new buildings in the State, achieves at least 
     a 90-percent rate of compliance (based on energy performance) 
     with the most recent model building energy codes.
       (b) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue guidelines 
     that standardize criteria by which a State that seeks to 
     receive a grant under this section may--
       (1) verify compliance with applicable model building energy 
     codes; and
       (2) demonstrate eligibility to receive a grant under this 
     section.
       (c) Local Government Codes.--In the case of a State in 
     which building energy codes are established by local 
     governments--
       (1) a local government may--
       (A) apply for a grant under this section; and
       (B) verify compliance and demonstrate eligibility for the 
     grant under subsection (b); and
       (2) if the Secretary determines that the local government 
     is eligible to receive a grant, the Secretary may provide a 
     grant to the local government.
       (d) Use of Funds.--Funds from a grant provided under this 
     section may be used only to carry out activities relating to 
     the implementation of building energy codes and building 
     practices that exceed efficiency requirements of the most 
     recent model building energy codes.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $25,000,000 for each of fiscal years 
     2006 through 2010.
       (2) Set aside.--Of the amounts made available under 
     paragraph (1), the Secretary may use not more than $500,000 
     for each fiscal year--
       (A) to develop compliance guidelines;
       (B) to train State and local officials; and
       (C) to administer grants provided under this section.

                 Subtitle C--Energy Efficient Products

     SEC. 131. ENERGY STAR PROGRAM.

       (a) In General.--The Energy Policy and Conservation Act is 
     amended by inserting after section 324 (42 U.S.C. 6294) the 
     following:


                         ``energy star program

       ``Sec. 324A. (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 January 1, 2010.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) 
     is amended by inserting after the item relating to section 
     324 the following:

``Sec. 324A. Energy Star program.''.

     SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION PROGRAM.

       Section 337 of the Energy Policy and Conservation Act (42 
     U.S.C. 6307) is amended by adding at the end the following:
       ``(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 the date of enactment of this subsection, 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--

[[Page S6503]]

       ``(A) becoming more energy efficient;
       ``(B) understanding the cost savings from improved energy 
     efficiency; and
       ``(C) identifying financing options for energy efficiency 
     upgrades.
       ``(2) The Secretary and the Administrator of the Small 
     Business Administration shall make program information 
     available directly to small businesses and through other 
     Federal agencies, including the Federal Emergency Management 
     Agency and the Department of Agriculture.''.

     SEC. 133. PUBLIC ENERGY EDUCATION PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall convene an 
     organizational conference for the purpose of establishing an 
     ongoing, self-sustaining national public energy education 
     program.
       (b) Participants.--The Secretary shall invite to 
     participate in the conference individuals and entities 
     representing all aspects of energy production and 
     distribution, including--
       (1) industrial firms;
       (2) professional societies;
       (3) educational organizations;
       (4) trade associations; and
       (5) governmental agencies.
       (c) Purpose, Scope, and Structure.--
       (1) Purpose.--The purpose of the conference shall be to 
     establish an ongoing, self-sustaining national public energy 
     education program to examine and recognize interrelationships 
     between energy sources in all forms, including--
       (A) conservation and energy efficiency;
       (B) the role of energy use in the economy; and
       (C) the impact of energy use on the environment.
       (2) Scope and structure.--Taking into consideration the 
     purpose described in paragraph (1), the participants in the 
     conference invited under subsection (b) shall design the 
     scope and structure of the program described in subsection 
     (a).
       (d) Technical Assistance.--The Secretary shall provide 
     technical assistance and other guidance necessary to carry 
     out the program described in subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 134. ENERGY EFFICIENCY PUBLIC INFORMATION INITIATIVE.

       (a) In General.--The Secretary shall carry out a 
     comprehensive national program, including advertising and 
     media awareness, to inform consumers about--
       (1) the need to reduce energy consumption during the 4-year 
     period beginning on the date of enactment of this Act;
       (2) the benefits to consumers of reducing consumption of 
     electricity, natural gas, and petroleum, particularly during 
     peak use periods;
       (3) the importance of low energy costs to economic growth 
     and preserving manufacturing jobs in the United States; and
       (4) practical, cost-effective measures that consumers can 
     take to reduce consumption of electricity, natural gas, and 
     gasoline, including--
       (A) maintaining and repairing heating and cooling ducts and 
     equipment;
       (B) weatherizing homes and buildings;
       (C) purchasing energy efficient products; and
       (D) proper tire maintenance.
       (b) Cooperation.--The program carried out under subsection 
     (a) shall--
       (1) include collaborative efforts with State and local 
     government officials and the private sector; and
       (2) incorporate, to the maximum extent practicable, 
     successful State and local public education programs.
       (c) Report.--Not later than July 1, 2009, the Secretary 
     shall submit to Congress a report describing the 
     effectiveness of the program under this section.
       (d) Termination of Authority.--The program carried out 
     under this section shall terminate on December 31, 2010.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $90,000,000 for 
     each of fiscal years 2006 through 2010.

     SEC. 135. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL 
                   PRODUCTS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) is amended--
       (1) in paragraph (29)--
       (A) in subparagraph (D)--
       (i) in clause (i), by striking ``C78.1-1978(R1984)'' and 
     inserting ``C78.81-2003 (Data Sheet 7881-ANSI-1010-1)'';
       (ii) in clause (ii), by striking ``C78.1-1978(R1984)'' and 
     inserting ``C78.81-2003 (Data Sheet 7881-ANSI-3007-1)''; and
       (iii) in clause (iii), by striking ``C78.1-1978(R1984)'' 
     and inserting ``C78.81-2003 (Data Sheet 7881-ANSI-1019-1)''; 
     and
       (B) by adding at the end the following:
       ``(M) The term `F34T12 lamp' (also known as a `F40T12/ES 
     lamp') means a nominal 34 watt tubular fluorescent lamp that 
     is 48 inches in length and 1\1/2\ inches in diameter, and 
     conforms to ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-
     1006-1).
       ``(N) The term `F96T12/ES lamp' means a nominal 60 watt 
     tubular fluorescent lamp that is 96 inches in length and 1\1/
     2\ inches in diameter, and conforms to ANSI standard C78.81-
     2003 (Data Sheet 7881-ANSI-3006-1).
       ``(O) The term `F96T12HO/ES lamp' means a nominal 95 watt 
     tubular fluorescent lamp that is 96 inches in length and 1\1/
     2\ inches in diameter, and conforms to ANSI standard C78.81-
     2003 (Data Sheet 7881-ANSI-1017-1).
       ``(P) The term `replacement ballast' means a ballast that--
       ``(i) is designed for use to replace an existing ballast in 
     a previously installed luminaire;
       ``(ii) is marked `FOR REPLACEMENT USE ONLY';
       ``(iii) is shipped by the manufacturer in packages 
     containing not more than 10 ballasts; and
       ``(iv) has output leads that when fully extended are a 
     total length that is less than the length of the lamp with 
     which the ballast is intended to be operated.'';
       (2) in paragraph (30)(S)--
       (A) by inserting ``(i)'' before ``The term''; and
       (B) by adding at the end the following:
       ``(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.''; and

       (3) by adding at the end the following:
       ``(32) The term `battery charger' means a device that 
     charges batteries for consumer products, including battery 
     chargers embedded in other consumer products.
       ``(33)(A) The term `commercial prerinse spray valve' means 
     a handheld device designed and marketed for use with 
     commercial dishwashing and ware washing equipment that sprays 
     water on dishes, flatware, and other food service items for 
     the purpose of removing food residue before cleaning the 
     items.
       ``(B) The Secretary may modify the definition of 
     `commercial prerinse spray valve' by rule--
       ``(i) to include products--
       ``(I) that are extensively used in conjunction with 
     commercial dishwashing and ware washing equipment;
       ``(II) the application of standards to which would result 
     in significant energy savings; and
       ``(III) the application of standards to which would meet 
     the criteria specified in section 325(o)(4); and
       ``(ii) to exclude products--
       ``(I) that are used for special food service applications;
       ``(II) that are unlikely to be widely used in conjunction 
     with commercial dishwashing and ware washing equipment; and
       ``(III) the application of standards to which would not 
     result in significant energy savings.
       ``(34) The term `dehumidifier' means a self-contained, 
     electrically operated, and mechanically encased assembly 
     consisting of--
       ``(A) a refrigerated surface (evaporator) that condenses 
     moisture from the atmosphere;
       ``(B) a refrigerating system, including an electric motor;
       ``(C) an air-circulating fan; and
       ``(D) means for collecting or disposing of the condensate.
       ``(35)(A) The term `distribution transformer' means a 
     transformer that--
       ``(i) has an input voltage of 34.5 kilovolts or less;
       ``(ii) has an output voltage of 600 volts or less; and
       ``(iii) is rated for operation at a frequency of 60 Hertz.
       ``(B) The term `distribution transformer' does not 
     include--
       ``(i) a transformer with multiple voltage taps, the highest 
     of which equals at least 20 percent more than the lowest;
       ``(ii) a transformer that is designed to be used in a 
     special purpose application and is unlikely to be used in 
     general purpose applications, such as a drive transformer, 
     rectifier transformer, auto-transformer, Uninterruptible 
     Power System transformer, impedance transformer, regulating 
     transformer, sealed and nonventilating transformer, machine 
     tool transformer, welding transformer, grounding transformer, 
     or testing transformer; or
       ``(iii) any transformer not listed in clause (ii) that is 
     excluded by the Secretary by rule because--
       ``(I) the transformer is designed for a special 
     application;
       ``(II) the transformer is unlikely to be used in general 
     purpose applications; and
       ``(III) the application of standards to the transformer 
     would not result in significant energy savings.
       ``(36) The term `external power supply' means an external 
     power supply circuit that is used to convert household 
     electric current into DC current or lower-voltage AC current 
     to operate a consumer product.
       ``(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.

[[Page S6504]]

       ``(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) The term `high intensity discharge lamp' means an 
     electric-discharge lamp in which--
       ``(i) the light-producing arc is stabilized by bulb wall 
     temperature; and
       ``(ii) the arc tube has a bulb wall loading in excess of 3 
     Watts/cm2.
       ``(B) The term `high intensity discharge lamp' includes 
     mercury vapor, metal halide, and high-pressure sodium lamps 
     described in subparagraph (A).
       ``(47)(A) The term `mercury vapor lamp' means a high 
     intensity discharge lamp in which the major portion of the 
     light is produced by radiation from mercury operating at a 
     partial pressure in excess of 100,000 Pa (approximately 1 
     atm).
       ``(B) The term `mercury vapor lamp' includes clear, 
     phosphor-coated, and self-ballasted lamps described in 
     subparagraph (A).
       ``(48) The term `mercury vapor lamp ballast' means a device 
     that is designed and marketed to start and operate mercury 
     vapor lamps by providing the necessary voltage and 
     current.''.
       (b) Test Procedures.--Section 323 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6293) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(9) Test procedures for illuminated exit signs shall be 
     based on the test method used under version 2.0 of the Energy 
     Star program of the Environmental Protection Agency for 
     illuminated exit signs.
       ``(10)(A) Test procedures for distribution transformers and 
     low voltage dry-type distribution transformers shall be based 
     on the `Standard Test Method for Measuring the Energy 
     Consumption of Distribution Transformers' prescribed by the 
     National Electrical Manufacturers Association (NEMA TP 2-
     1998).
       ``(B) The Secretary may review and revise the test 
     procedures established under subparagraph (A).
       ``(C) For purposes of section 346(a), the test procedures 
     established under subparagraph (A) shall be considered to be 
     the testing requirements prescribed by the Secretary under 
     section 346(a)(1) for distribution transformers for which the 
     Secretary makes a determination that energy conservation 
     standards would--
       ``(i) be technologically feasible and economically 
     justified; and
       ``(ii) result in significant energy savings.
       ``(11) Test procedures for traffic signal modules and 
     pedestrian modules shall be based on the test method used 
     under the Energy Star program of the Environmental Protection 
     Agency for traffic signal modules, as in effect on the date 
     of enactment of this paragraph.
       ``(12)(A) Test procedures for medium base compact 
     fluorescent lamps shall be based on the test methods for 
     compact fluorescent lamps used under the August 9, 2001, 
     version of the Energy Star program of the Environmental 
     Protection Agency and the Department of Energy.
       ``(B) Except as provided in subparagraph (C), medium base 
     compact fluorescent lamps shall meet all test requirements 
     for regulated parameters of section 325(cc).
       ``(C) Notwithstanding subparagraph (B), if manufacturers 
     document engineering predictions and analysis that support 
     expected attainment of lumen maintenance at 40 percent rated 
     life and lamp lifetime, medium base compact fluorescent lamps 
     may be marketed before completion of the testing of lamp life 
     and lumen maintenance at 40 percent of rated life.
       ``(13) Test procedures for dehumidifiers shall be based on 
     the test criteria used under the Energy Star Program 
     Requirements for Dehumidifiers developed by the Environmental 
     Protection Agency, as in effect on the date of enactment of 
     this paragraph unless revised by the Secretary pursuant to 
     this section.
       ``(14) The test procedure for measuring flow rate for 
     commercial prerinse spray valves shall be based on American 
     Society for Testing and Materials Standard F2324, entitled 
     `Standard Test Method for Pre-Rinse Spray Valves.'
       ``(15) The test procedure for refrigerated bottled or 
     canned beverage vending machines shall be based on American 
     National Standards Institute/American Society of Heating, 
     Refrigerating and Air-Conditioning Engineers Standard 32.1-
     2004, entitled `Methods of Testing for Rating Vending 
     Machines for Bottled, Canned or Other Sealed Beverages'.''; 
     and
       (2) by adding at the end the following:
       ``(f) Additional Consumer and Commercial Products.--(1) Not 
     later than 2 years after the date of enactment of this 
     subsection, the Secretary shall prescribe testing 
     requirements for--
       ``(A) suspended ceiling fans; and
       ``(B) 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.''.
       (c) Standard Setting Authority.--Section 325 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6295) is amended--
       (1) in subsection (f)(3), by adding at the end the 
     following:
       ``(D) Notwithstanding any other provision of this Act, if 
     the requirements of subsection (o) are met, the Secretary may 
     consider and prescribe energy conservation standards or 
     energy use standards for electricity used for purposes of 
     circulating air through duct work.'';
       (2) in subsection (g)--
       (A) in paragraph (6)(B), by inserting ``and labeled'' after 
     ``designed''; and
       (B) by adding at the end the following:
       ``(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:


------------------------------------------------------------------------
                                     Ballast       Total       Ballast
   Application for operation of       input       nominal      efficacy
                                     voltage     lamp watts     factor
------------------------------------------------------------------------
One F34T12 lamp..................      120/277           34         2.61
Two F34T12 lamps.................      120/277           68         1.35
Two F96 T12/ES lamps.............      120/277          120         0.77
Two F96 T12HO/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 subparagraphs (A) and (B) 
     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 20 deg.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.'';
       (3) in subsection (o), by adding at the end the following:
       ``(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.'';
       (4) in the first sentence of subsection (p), by striking 
     ``Any'' and inserting the following: ``Except as provided in 
     subsection (u), any''; and
       (5) by adding at the end the following:
       ``(u) Special Rulemaking Procedures.--(1) Notwithstanding 
     any other provision of law, the Secretary may publish a 
     notice of direct final rulemaking based on an energy 
     conservation standard recommended by an interested person, 
     if--
       ``(A) in response to an advance notice of proposed 
     rulemaking under paragraph (p), the interested person 
     (including a representative of a manufacturer of a covered 
     product, a conservation advocate, or consumer) submits a 
     joint comment recommending an energy conservation standard; 
     and
       ``(B) the Secretary determines that the energy conservation 
     standard complies with the substantive provisions of this Act 
     that

[[Page S6505]]

     apply to the type (or class) of covered products to which the 
     rule may apply.
       ``(2) The Secretary shall publish a notice of direct final 
     rulemaking under paragraph (1) with a notice of proposed 
     rulemaking incorporating by reference the regulatory language 
     of the direct final rule that provides for an effective date 
     not earlier than 90 days after the date of publication.
       ``(3) The Secretary may withdraw a direct final rule 
     published under paragraph (2) before the effective date of 
     the rule if an interested person files a significant adverse 
     comment in response to the related notice of proposed 
     rulemaking.
       ``(v) Battery Charger and External Power Supply Electric 
     Energy Consumption.--(1)(A) Not later than 18 months after 
     the date of enactment of this subsection, the Secretary 
     shall, after providing notice and an opportunity for comment, 
     prescribe, by rule, definitions and test procedures for the 
     power use of battery chargers and external power supplies.
       ``(B) In establishing the test procedures under 
     subparagraph (A), the Secretary shall--
       ``(i) consider existing definitions and test procedures 
     used for measuring energy consumption in standby mode and 
     other modes; and
       ``(ii) assess the current and projected future market for 
     battery chargers and external power supplies.
       ``(C) The assessment under subparagraph (B)(ii) shall 
     include--
       ``(i) estimates of the significance of potential energy 
     savings from technical improvements to battery chargers and 
     external power supplies; and
       ``(ii) suggested product classes for energy conservation 
     standards.
       ``(D) Not later than 18 months after the date of enactment 
     of this subsection, the Secretary shall hold a scoping 
     workshop to discuss and receive comments on plans for 
     developing energy conservation standards for energy use for 
     battery chargers and external power supplies.
       ``(E)(i) Not later than 3 years after the date of enactment 
     of this subsection, the Secretary shall issue a final rule 
     that determines whether energy conservation standards shall 
     be issued for battery chargers and external power supplies or 
     classes of battery chargers and external power supplies.
       ``(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) In determining under section 323 whether test 
     procedures and energy conservation standards under this 
     section should be revised with respect to covered products 
     that are major sources of standby mode energy consumption, 
     the Secretary shall consider whether to incorporate standby 
     mode into the test procedures and energy conservation 
     standards, taking into account standby mode power consumption 
     compared to overall product energy consumption.
       ``(3) The Secretary shall not propose an energy 
     conservation standard under this section, unless the 
     Secretary has issued applicable test procedures for each 
     product under section 323.
       ``(4) Any energy conservation standard issued under this 
     subsection shall be applicable to products manufactured or 
     imported beginning on the date that is 3 years after the date 
     of issuance.
       ``(5) The Secretary and the Administrator shall collaborate 
     and develop programs (including programs under section 324A 
     and other voluntary industry agreements or codes of conduct) 
     that are designed to reduce standby mode energy use.
       ``(w) Suspended Ceiling Fans and Refrigerated Beverage 
     Vending Machines.--(1) Not later than 4 years after the date 
     of enactment of this subsection, the Secretary shall 
     prescribe, by rule, energy conservation standards for--
       ``(A) suspended ceiling fans; and
       ``(B) refrigerated bottled 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.
       ``(x) 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.
       ``(y) 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.
       ``(z) Low Voltage Dry-Type Distribution Transformers.--The 
     efficiency of a low voltage dry-type distribution transformer 
     manufactured on or after January 1, 2006, 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).
       ``(aa) Traffic Signal Modules and Pedestrian Modules.--Any 
     traffic signal module or pedestrian module manufactured on or 
     after January 1, 2006, shall--
       ``(1) meet the performance requirements used under the 
     Energy Star program of the Environmental Protection Agency 
     for traffic signals, as in effect on the date of enactment of 
     this subsection; and
       ``(2) be installed with compatible, electrically connected 
     signal control interface devices and conflict monitoring 
     systems.
       ``(bb) Unit Heaters.--A unit heater manufactured on or 
     after the date that is 3 years after the date of enactment of 
     this subsection shall--
       ``(1) be equipped with an intermittent ignition device; and
       ``(2) have power venting or an automatic flue damper.
       ``(cc) 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.
       ``(dd) 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)(A) Not later than October 1, 2009, the Secretary 
     shall publish a final rule in accordance with subsections (o) 
     and (p), to determine whether the energy conservation 
     standards established under paragraph (1) should be amended.
       ``(B) The final rule published under subparagraph (A) 
     shall--
       ``(i) contain any amendment by the Secretary; and
       ``(ii) provide that the amendment applies to products 
     manufactured on or after October 1, 2012.
       ``(C) If the Secretary does not publish an amendment that 
     takes effect by October 1, 2012, dehumidifiers manufactured 
     on or after October 1, 2012, shall have an Energy Factor that 
     meets or exceeds the following values:

``Product Capacity (pints/day):      Minimum Energy Factor (Liters/kWh)
  25.00 or less...............................................1.20 ....

  25.01 - 35.00...............................................1.30 ....

  35.01 - 45.00...............................................1.40 ....

  45.01 - 54.00...............................................1.50 ....

  54.01 - 74.99...............................................1.60 ....

  75.00 or more................................................2.5.....

       ``(ee) 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.
       ``(ff) Mercury vapor lamp ballasts.--Mercury vapor lamp 
     ballasts shall not be manufactured or imported after January 
     1, 2008.
       ``(gg) Application Date.--Section 327 applies--
       ``(1) to products for which energy conservation standards 
     are to be established under subsection (l), (u), (v), or (w) 
     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), 
     (v), or (w) for the product takes effect; and
       ``(2) to products for which energy conservation standards 
     are established under subsections (x) through (ff) on the 
     date of enactment of those subsections, except that any State 
     or local standard prescribed or enacted before the date of 
     enactment of those subsections shall not be preempted until 
     the energy conservation standards established under 
     subsections (x) through (ff) take effect.''.
       (d) General Rule of Preemption.--Section 327(c) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is 
     amended--
       (1) in paragraph (5), by striking ``or'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(7)(A) is a regulation concerning standards for 
     commercial prerinse spray valves adopted by the California 
     Energy Commission before January 1, 2005; or

[[Page S6506]]

       ``(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'.''.

     SEC. 136. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL 
                   EQUIPMENT.

       (a) Definitions.--Section 340 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (D) through (G) as 
     subparagraphs (H) through (K), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Very large commercial package air conditioning and 
     heating equipment.
       ``(E) Commercial refrigerators, freezers, and refrigerator-
     freezers.
       ``(F) Automatic commercial ice makers.
       ``(G) Commercial clothes washers.'';
       (2) in paragraph (2)(B), by striking ``small and large 
     commercial package air conditioning and heating equipment'' 
     and inserting ``commercial package air conditioning and 
     heating equipment, commercial refrigerators, freezers, and 
     refrigerator-freezers, automatic commercial ice makers, 
     commercial clothes washers'';
       (3) by striking paragraphs (8) and (9) and inserting the 
     following:
       ``(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 section 
     321);
       ``(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 1 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 1 
     or more refrigerant compressors, refrigerant condensers, 
     condenser fans and motors, and factory supplied 
     accessories.''; and
       (4) by adding at the end the following:
       ``(19) The term `automatic commercial ice maker' means a 
     factory-made assembly (not necessarily shipped in 1 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) 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 1 
     household will be using the clothes washer, such as multi-
     family housing common areas and coin laundries; or
       ``(ii) other commercial applications.
       ``(21) The term `harvest rate' means the amount of ice (at 
     32 degrees F) in pounds produced per 24 hours.''.
       (b) Standards for Commercial Package Air Conditioning and 
     Heating Equipment.--Section 342(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313(a)) is amended--
       (1) in the subsection heading, by striking ``Small and 
     Large'' and inserting ``Small, Large, and Very Large'';
       (2) in paragraph (1), by inserting ``but before January 1, 
     2010,'' after ``January 1, 1994,'';
       (3) in paragraph (2), by inserting ``but before January 1, 
     2010,'' after ``January 1, 1995,''; and
       (4) in paragraph (6)--
       (A) in subparagraph (A)--
       (i) by inserting ``(i)'' after ``(A)'';
       (ii) by striking ``the date of enactment of the Energy 
     Policy Act of 1992'' and inserting ``January 1, 2010'';
       (iii) by inserting after ``large commercial package air 
     conditioning and heating equipment,'' the following: ``and 
     very large commercial package air conditioning and heating 
     equipment, or if ASHRAE/IES Standard 90.1, as in effect on 
     October 24, 1992, is amended with respect to any''; and
       (iv) by adding at the end the following:
       ``(ii) If ASHRAE/IES Standard 90.1 is not amended with 
     respect to small commercial package air conditioning and 
     heating equipment, large commercial package air conditioning 
     and heating equipment, and very large commercial package air 
     conditioning and heating equipment during the 5-year period 
     beginning on the effective date of a standard, the Secretary 
     may initiate a rulemaking to determine whether a more 
     stringent standard--
       ``(I) would result in significant additional conservation 
     of energy; and
       ``(II) is technologically feasible and economically 
     justified.''; and
       (B) in subparagraph (C)(ii), by inserting ``and very large 
     commercial package air conditioning and heating equipment'' 
     after ``large commercial package air conditioning and heating 
     equipment''; and
       (5) by adding at the end the following:
       ``(7) Small commercial package air conditioning and heating 
     equipment 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 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) 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) 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).
       ``(8) Large commercial package air conditioning and heating 
     equipment 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).

[[Page S6507]]

       ``(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 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).''.
       (c) Standards for Commercial Refrigerators, Freezers, and 
     Refrigerator-Freezers.--Section 342 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313) is amended by adding at the 
     end the following:
       ``(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) 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   0.27 AV - 0.71 or 0.70.
   the greater of.
 

       ``(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) 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.
       ``(5)(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) Standards for Automatic Commercial Ice Makers.--Section 
     342 of the Energy Policy and Conservation Act (42 U.S.C. 
     6313) (as amended by subsection (c)) is amended by adding at 
     the end the following:
       ``(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 section 
     343(a)(7) and is manufactured on or after January 1, 2010, 
     shall meet the following standard levels:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Harvest Rate (lbs ice/  Maximum Energy Use (kWh/ Maximum Condenser Water
                   Equipment Type                         Type of Cooling             24 hours)               100 lbs Ice)        Use (gal/100 lbs Ice)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ice Making Head.....................................                    Water