,,ii #aagth ,,congress #b;d ,session ,s4 #djfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjbb,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 described in 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 described in 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 ,except as provided by the ,secretary in accordance with 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 the most current ,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 the most current ,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 collector or solar thermal collector2 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 tank tested without solar energy input4 4 7b7 ,test procedures ,section #cbc7;b77#c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbic7;b77#c77 is amended-- 7#a7 by striking 7#c7 ,any test and inserting the following3 7#c7 ,design of test procedures 7,a7 ,in general ,any test 2 and 7#b7 by adding at the end the following3 7,b7 ,electric storage water heaters demand response capabilities requirements ,any test procedures prescribed or amended under this section for electric storage water heaters for which the ,secretary has established requirements for demand response capabilities under section #cbe;,a shall be designed to assess compliance with those requirements in addition to producing the test results described in subparagraph 7,a74 4 7c7 ,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 ,if the ,secretary makes an affirmative determination under subparagraph 7,b77iii77,,ii77cc7 for a category of exempted water heater-- 7,i7 the ,secretary1 by regulation1 shall provide that1 for purposes of this part1 the term water heater includes that category of exempted water heater2 and 7,,ii7 beginning on the effective date of the regulation described in subclause 7,i71 the exclusion described in section #cba7bg77;,b7 shall not apply to 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 4 7d7 ,water heater demand response capabilities requirements 7#a7 ,in general ,part ,b of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq47 is amended by inserting after section #cbe the following3 #cbe;,a4 ,water heater demand response capabilities requirements 7a7 ,definitions ,in this section3 7#a7 ,demand response ,the term demand response means changes in electricity usage by demand-side resources from the normal consumption patterns of those demand-side resources in response to-- 7,a7 changes in the price of electricity over time2 or 7,b7 incentive payments designed to induce lower electricity use-- 7i7 at times of high wholesale market prices2 or 7ii7 during periods in which system reliability is jeopardized4 7#b7 ,demand response capabilities ,the term demand response capabilities means the hardware or software1 including any combination of hardware and software1 that is necessary to participate in a demand response program1 as determined by the ,secretary4 7b7 ,requirements 7#a7 ,initial requirements 7,a7 ,in general ,the ,secretary shall-- 7i7 determine1 in accordance with subparagraph 7,d71 whether to require that electric storage water heaters possess demand response capabilities2 and 7ii7 not later than ,december #ca1 #bjbd-- 7,i7 promulgate a final rule with the requirement described in clause 7i72 or 7,,ii7 issue a public notice of a negative determination under that clause4 7,b7 ,storage capacities ,the ,secretary may make separate determinations under subparagraph 7,a7 for water heaters of different storage capacities4 7,c7 ,effect of negative determination ,if the ,secretary makes a negative determination under subparagraph 7,a77i71 nothing in this paragraph shall prohibit the ,secretary from completing the rulemaking described in subclause 7,i7 of subparagraph 7,a77ii7 after the date described in that subparagraph if the ,secretary later determines that such rulemaking is necessary4 7,d7 ,determination 7i7 ,in general ,in carrying out subparagraph 7,a77i71 the ,secretary shall make an affirmative determination under that subparagraph if the ,secretary determines that-- 7,i7 the requirement is needed to promote participation in demand response programs2 and 7,,ii7 the demand response capabilities are-- 7aa7 technologically feasible2 and 7bb7 economically justified4 7ii7 ,economically justified ,in considering whether demand response capabilities are economically justified under clause 7i77,,ii77bb71 the ,secretary shall consider-- 7,i7 the factors described in subclauses 7,i71 7,,ii71 7,,iv71 7,v71 7,,vi71 and 7,,vii7 of section #cbe7o77#b77;,b77i72 and 7,,ii7 in the case of the factor described in subclause 7,,ii7 of that section1 the projected financial impact on consumers participating in demand response programs4 7,e7 ,requirement ,any rule promulgated by the ,secretary under subparagraph 7,a77ii77,i7 shall not be used to justify a higher or lower energy conservation standard than would otherwise have been selected4 7,f7 ,industry standards ,in establishing requirements for demand response capabilities under a rule promulgated under subparagraph 7,a77ii77,i71 the ,secretary shall consider industry consensus standards developed or recognized by the ,air-,conditioning1 ,heating1 and ,refrigeration ,institute4 7#b7 ,revisions 7,a7 ,in general ,the ,secretary may revise any requirements established under a rule promulgated under paragraph 7#a77;,a77ii77,i7 if1 in the determination of the ,secretary-- 7i7 a revision is needed to promote participation in demand response programs2 and 7ii7 the demand response capabilities to be required under the revised requirements are-- 7,i7 technologically feasible2 and 7,,ii7 economically justified4 7,b7 ,requirement ,any revision under this paragraph shall be subject to the requirements of subparagraphs 7,c7 through 7,e7 of paragraph 7#a74 7c7 ,preemption 7#a7 ,in general ,except as provided in paragraph 7#b71 effective on the date on which a final rule is issued by the ,secretary under subsection 7b77#a77;,a77ii77,i71 no law or regulation of a ,state or political subdivision of a ,state requiring electric storage water heater demand response capabilities for water heaters subject to requirements established by the ,secretary shall be effective4 7#b7 ,exception 7,a7 ,in general ,paragraph 7#a7 shall not apply to a law or regulation of a ,state or political subdivision of a ,state if the law was in effect1 or the regulation was finalized1 before the date on which the final rule described in that paragraph is issued4 7,b7 ,amendment of ,state or local law 7i7 ,in general ,subject to clause 7ii71 paragraph 7#a7 shall not apply to the amendment of a law or regulation described in subparagraph 7,a7 if the amendment is made-- 7,i7 in the case of the first amendment1 not less than #e years after the date on which the law or regulation became effective or was finalized1 respectively2 or 7,,ii7 in the case of any subsequent amendment1 not less than #e years after the date of any previous amendment to that law or regulation4 7ii7 ,consensus standards ,an amendment to a law or regulation described in subparagraph 7,a7 solely to incorporate a more recent version of a voluntary consensus standard 7as defined in the document of the ,office of ,management and ,budget entitled ,federal ,participation in the ,development and ,use of ,voluntary ,consensus ,standards and in ,conformity ,assessment ,activities 7,,omb ,circular ,a-#aai77 shall not be considered to be an amendment to that law or regulation for the purposes of this subparagraph4 7d7 ,enforcement ,a failure to comply with any requirements established by the ,secretary under this section shall be-- 7#a7 considered to be a violation of section #ccb2 and 7#b7 subject to the enforcement provisions of sections #ccc and #ccd4 7e7 ,savings provision ,nothing in this section alters the authority of the ,secretary to establish product classes for electric storage water heaters designed to participate in demand response programs4 4 7#b7 ,clerical amendment ,the table of contents of the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hgb7 is amended by inserting after the item relating to section #cbe the following3 ,sec4 #cbe;,a4 ,water heater demand response capabilities requirements4 4 7#c7 ,conforming amendments 7,a7 ,section #cbf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbif7 is amended-- 7i7 in subsection 7b7-- 7,i7 in paragraph 7#c77;,a7-- 7aa7 by inserting or a requirement established under section #cbe;,a after section #cbe2 and 7bb7 by inserting or requirement after that standard2 and 7,,ii7 in paragraph 7#e71 by striking or #cbe and inserting #cbe1 or #cbe;,a2 and 7ii7 in subsection 7d77#a7-- 7,i7 in the second sentence1 by striking ,in making and inserting the following3 7,c7 ,requirement ,in making 2 7,,ii7 in the first sentence-- 7aa7 by striking energy efficiency and all that follows through standard1 as and inserting the matters described in subparagraph 7,b71 as2 and 7bb7 by striking and energy conservation standards and inserting energy conservation standards1 and requirements for water heater demand response capabilities 7as defined in section #cbe;,a7a772 7,,iii7 by striking 7#a7 ,for purposes and inserting the following3 7#a7 ,information and reports 7,a7 ,in general ,for purposes 2 and 7,,iv7 by inserting after subparagraph 7,a7 7as so designated7 the following3 7,b7 ,matters described ,the matters referred to in subparagraph 7,a7 are1 with respect to a covered product described in that subparagraph-- 7i7 energy efficiency2 7ii7 energy use2 7iii7 in the case of showerheads1 faucets1 water closets1 and urinals1 the water use of that covered product2 7iv7 the economic impact of any proposed energy conservation standard2 and 7v7 in the case of electric storage water heaters-- 7,i7 water heater demand response capabilities 7as defined in section #cbe;,a7a772 and 7,,ii7 the economic impact of any proposed requirement for water heater demand response capabilities 7as defined in that section74 4 7,b7 ,section #cce of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcje7 is amended by inserting or #cbe;,a after section #cbe each place it appears4 7,c7 ,section #ccf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcjf7 is amended-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a71 by inserting #cbe;,a1 after #cbe12 and 7,,ii7 in paragraph 7#b71 by inserting or #cbe;,a after #cbe2 and 7ii7 in subsection 7b7 by striking or #cbe each place it appears and inserting #cbe1 or #cbe;,a4 7e7 ,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 7f7 ,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 manufacturer to 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 7g7 ,effective date ,this section and the amendments made by this section shall take effect on the date that is #ahj days after the date of enactment of this ,act4