,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dehd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #af1
 #bjbj,ms4 ,stabenow 7for herself and   
,mrs4 ,blackburn7 introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,energy  
and ,natural ,resources  ,a ,,bill  ,to 
amend the ,energy ,policy and           
,conservation ,act to modify the        
definition of water heater under energy 
conservation standards1 and for other   
purposes4  #a4 ,water heaters  7a7      
,definition of water heater ,section    
#cba of the ,energy ,policy and         
,conservation ,act 7#db ,u4,s4,c4 #fbia7
 is amended by striking paragraph 7#bg7 
and inserting the following3  7#bg7     
,water heater  7,a7 ,in general ,the    
term water heater means a product that  
utilizes oil1 gas1 or electricity to    
heat potable water for use outside the  
heater on demand1 including-- 7i7       
storage type units that heat and store  
water at a thermostatically controlled  

temperature1 including-- 7,i7 gas       
storage water heaters with an input of  
#ge1jjj ,btu per hour or less1 including
 heat pump type units that meet the     
current and voltage limits under clause 
7iii72  7,,ii7 oil storage water heaters
 with an input of #aje1jjj ,btu per hour
 or less2 and  7,,iii7 electric storage 
water heaters with an input of #ab      
kilowatts or less1 including heat pump  
type units that meet the current and    
voltage limits under clause 7iii72  7ii7
 7,i7 instantaneous type units that heat
 water but contain not more than #a     
gallon of water per #d1jjj ,btu per hour
 of input2 and  7,,ii7 in the case of-- 
7aa7 gas instantaneous water heaters1   
have an input of #bjj1jjj ,btu per hour 
or less and are designed and marketed to
 provide outlet hot water at a          
thermostatically controlled temperature 
of less than #ahj degrees ,fahrenheit2  
7bb7 oil instantaneous water heaters1   
have an input of #baj1jjj ,btu per hour 
or less2 and  7cc7 electric             

instantaneous water heaters1 have an    
input of #ab kilowatts or less2  7iii7  
heat pump type units 7including add-on  
heat pumps1 integrated heat pumps with  
storage1 split-system heat pumps that   
consist of a separate heat pump and     
storage tank that are designed and      
marketed to operate together1 and all   
ancillary equipment1 such as fans1      
storage tanks1 pumps1 electric          
resistance heating elements1 or controls
 necessary for the device to perform its
 function7 that-- 7,i7 have a maximum   
current rating of #bd amperes at a      
voltage not greater than #bej volts2 and
  7,,ii7 are designed to transfer       
thermal energy from #a temperature level
 to a different temperature level for   
the purpose of heating water2  7iv7     
solar thermal-assisted electric storage 
units2 and  7v7 solar thermal-assisted  
fossil fuel storage units4  7,b7        
,exclusions ,unless otherwise determined
 by the ,secretary under section        
#cbe7;e77#g77;,b71 the term water heater

 does not include-- 7i7 electric storage
 type units described in subparagraph   
7,a77i77,,iii7 that-- 7,i7 are designed 
and marketed exclusively for commercial 
building applications2 and  7,,ii7 7aa7 
are designed1 constructed1 inspected1   
tested1 and stamped in accordance with  
,section ,,iv1 ,part ,,hlw1 or ,section 
,x of the ,boiler and ,pressure ,vessel 
,code promulgated by the ,american      
,society of ,mechanical ,engineers2     
7bb7 exclusively use #c-phase           
electricity1 are designed and marketed  
to provide outlet hot water at a        
thermostatically controlled temperature 
of #ahj degrees ,fahrenheit or greater1 
and operate only at rated voltages of   
not less than #bjh volts2 or  7cc7      
exclusively use single-phase            
electricity1 are designed and marketed  
to provide outlet hot water at a        
thermostatically controlled temperature 
of #ahj degrees ,fahrenheit or greater1 
and operate only at a rated voltage of  
#bgg volts2 or  7ii7 gas storage type   

units described in subparagraph         
7,a77i77,i7 that-- 7,i7 are designed and
 marketed exclusively for commercial    
building applications2 and  7,,ii7 are  
designed1 constructed1 inspected1       
tested1 and stamped in accordance with  
,section ,,iv1 ,part ,,hlw1 of the      
,boiler and ,pressure ,vessel ,code     
promulgated by the ,american ,society of
 ,mechanical ,engineers4  7,c7          
,multi-input electric storage water     
heater ,the term multi-input electric   
storage water heater means a product    
that-- 7i7 is not a heat pump type unit 
described in subparagraph 7,a77iii72 and
  7ii7 is designed1 marketed1 or shipped
 from the manufacturer with a capability
 of operating or being configured to    
operate at inputs greater than1 equal   
to1 or below #ab kilowatts4  7,d7 ,solar
 thermal-assisted electric storage unit 
,the term solar thermal-assisted        
electric storage unit means a unit      
that-- 7i7 has an input of #ab kilowatts
 or less2  7ii7 has at least #b         

dedicated ports in addition to the ports
 used for introduction and delivery of  
potable water for the supply and return 
of water or a heat transfer fluid heated
 externally by solar panels2  7iii7 does
 not have electric resistance heating   
elements located in the lower half of   
the storage tank2  7iv7 has the         
temperature sensing device that controls
 the auxiliary electric heat source     
located in the upper half of the storage
 tank2 and  7v7 has a ratio of less than
 #j4gj for the proportion that the      
certified first hour rating bears to the
 nominal volume of the storage tank4  4 
7b7 ,standards for water heaters        
,section #cbe7;e7 of the ,energy ,policy
 and ,conservation ,act 7#db ,u4,s4,c4  
#fbie7;e77 is amended by adding at the  
end the following3  7#g7 ,exempted water
 heaters  7,a7 ,definition of exempted  
water heater ,in this paragraph1 the    
term exempted water heater means a water
 heater described in section            
#cba7bg77;,b74  7,b7 ,monitoring of     

shipments  7i7 ,submission of data ,not 
later than #ij days after the date of   
enactment of this paragraph1 and not    
later than ,may #a of each year         
thereafter1 the ,secretary shall require
 each manufacturer of water heaters to  
report to the ,secretary the quantity of
 exempted water heaters1 in each        
category of exempted water heaters1 that
 the manufacturer shipped in the        
preceding calendar year4  7ii7          
,confidentiality requirements ,the      
,secretary shall treat shipment data    
reported by manufacturers under clause  
7i7 as confidential business information
 subject to appropriate confidential    
data safeguards4  7iii7 ,publication    
7,i7 ,baseline shipment data ,not later 
than #abj days after the date of        
enactment of this paragraph1 the        
,secretary shall publish an analysis of 
the data collected under clause 7i7 for 
public comment1 subject to applicable   
confidentiality safeguards1 which shall 
serve as the baseline data for the      

analysis described in subclause         
7,,ii77bb74  7,,ii7 ,percentage growth  
from baseline ,not later than ,june #a  
of each year after the year in which the
 ,secretary publishes data under        
subclause 7,i71 the ,secretary shall    
publish-- 7aa7 an analysis of the data  
collected under clause 7i7 for public   
comment1 subject to applicable          
confidentiality safeguards2  7bb7 the   
percentage growth in the number of      
shipments within each category of       
exempted water heater relative to the   
baseline data described in subclause    
7,i72 and  7cc7 the determination of the
 ,secretary as to whether the number of 
shipments for any category of exempted  
water heater have increased by more than
 #be percent compared to the baseline   
data for that category4  7,c7 ,inclusion
 of exempted water heaters  7i7 ,in     
general ,the ,secretary shall1 by       
regulation1 revise the definition of    
water heater under section #cba7bg7 to  
include an exempted water heater under  

subparagraph 7,a7 of that section if the
 ,secretary makes an affirmative        
determination under subparagraph        
7,b77iii77,,ii77cc7 for that category of
 exempted water heater4  7ii7 ,energy   
conservation standards ,any category of 
exempted water heater included in the   
definition of water heater under clause 
7i7 shall be required to meet the energy
 conservation standards applicable to an
 electric or gas storage type water     
heater under this part4  7iii7          
,effective date ,for any category of    
exempted water heater1 the ,secretary   
shall carry out clause 7i71 and require 
compliance under clause 7ii71 not later 
than #a year after the date on which the
 ,secretary makes the affirmative       
determination described in clause 7i7   
for that category4  7#h7 ,standards for 
multi-input electric storage water      
heaters ,a multi-input electric storage 
water heater shall be subject to the    
test procedures1 energy conservation    
standards1 labeling 7if applicable71 and

 certification requirements-- 7,a7 for  
electric storage water heaters under    
this part2 and  7,b7 for storage water  
heaters under part ,c4  7#i7            
,technology-neutral electric storage    
water heater standards ,notwithstanding 
any other provision of this ,act1 the   
,secretary may not create separate      
product classes for heat pump water     
heaters and other electric storage water
 heaters4  4  7c7 ,definition of        
commercial water heater ,section #cdj of
 the ,energy ,policy and ,conservation  
,act 7#db ,u4,s4,c4 #fcaa7 is amended by
 striking paragraph 7#ab7 and inserting 
the following3  7#ab7 7,a7 ,storage     
water heater  7i7 ,in general ,the term 
storage water heater means a water      
heater that-- 7,i7 heats and stores     
water within an appliance at a          
thermostatically controlled temperature 
for delivery on demand2 and  7,,ii7 is  
not a water heater described in section 
#cba7bg77;,a74  7ii7 ,exclusion ,the    
term storage water heater does not      

include a unit with an input rating of  
#d1jjj ,btu per hour or more per gallon 
of stored water4  7,b7 ,instantaneous   
water heater ,the term instantaneous    
water heater means a water heater that--
 7i7 has an input rating of at least    
#d1jjj ,btu per hour per gallon of      
stored water2 and  7ii7 is not a water  
heater described in section             
#cba7bg77;,a74  7,c7 ,unfired hot water 
storage tank ,the term unfired hot water
 storage tank means a tank used to store
 water that is heated externally4  4    
7d7 ,labeling requirements ,section #cdd
 of the ,energy ,policy and             
,conservation ,act 7#db ,u4,s4,c4 #fcae7
 is amended by adding at the end the    
following3  7l7 ,labels for certain     
commercial water heaters  7#a7 ,in      
general ,notwithstanding any other      
provision of this section1 water heaters
 described in section #cba7bg77;,b7     
shall be required to bear a permanent   
label1 applied at the point of          
manufacture1 that1 subject to paragraph 

7#c71 satisfies the requirements        
described in paragraph 7#b74  7#b7      
,requirements ,a label required under   
paragraph 7#a7 shall-- 7,a7 be made of  
material not adversely affected by      
water2  7,b7 be attached by means of    
nonwater-soluble adhesive2 and  7,c7    
bear the following notice printed in    
#af4e point ,arial ,narrow ,bold font3  
,,important ,,information3 ,exclusively 
intended for commercial installations4  
,this model is not certified by the     
,u4,s4 ,department of ,energy as a      
residential water heater4 ,this model   
does not have a certified ,first ,hour  
or ,,uef rating44  7#c7 ,revision upon  
petition ,on receipt of a petition by an
 interested party1 the ,secretary may   
conduct a rulemaking to revise the scope
 and requirements of the label required 
under paragraph 7#a74  4  7e7 ,effective
 date ,this section and the amendments  
made by this section shall take effect  
#ahj days after the date of enactment of
 this ,act4