Sec. 136. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL EQUIPMENT
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## 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 one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories. > > > ##### “(F) > > The term ‘**self-contained condensing unit**’ means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.” > ; 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 one package) that— > > > ##### “(A) > > consists of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice; and > > > ##### “(B) > > may include means for storing ice, dispensing ice, or storing and dispensing ice. > > > #### “(20) > > The term ‘**commercial clothes washer**’ means a soft-mount front-loading or soft-mount top-loading clothes washer that— > > > ##### “(A) > > has a clothes container compartment that— > > > ###### “(i) > > for horizontal-axis clothes washers, is not more than 3.5 cubic feet; and > > > ###### “(ii) > > for vertical-axis clothes washers, is not more than 4.0 cubic feet; and > > > ##### “(B) > > is designed for use in— > > > ###### “(i) > > applications in which the occupants of more than one household will be using the clothes washer, such as multi-family housing common areas and coin laundries; or > > > ###### “(ii) > > other commercial applications. > > > #### “(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). > > > ##### “(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 doors0.10 V + 2.04 Refrigerators with transparent doors0.12 V + 3.34 Freezers with solid doors0.40 V + 1.38 Freezers with transparent doors0.75 V + 4.10 Refrigerators/freezers with solid doors the greater of0.27 AV – 0.71 or 0.70. > > > #### “(3) > > Each commercial refrigerator with a self-contained condensing unit designed for pull-down temperature applications and transparent doors manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) of not more than 0.126 V + 3.51. > > > #### “(4) > > > #####
(A)> > 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:” > Equipment TypeType of CoolingHarvest Rate(lbs ice/24 hours)MaximumEnergy Use(kWh/100 lbs Ice)MaximumCondenserWater Use(gal/100 lbs Ice)H = Harvest rate in pounds per 24 hours.Water use is for the condenser only and does not include potable water used to make ice.Ice Making Head Water <500 7.80–0.0055H 200–0.022H ≥500 and <1436 5.58–0.0011H 200–0.022H ≥1436 4.0 200–0.022HIce Making Head Air <450 10.26–0.0086H Not Applicable ≥450 6.89–0.0011H Not ApplicableRemote Condensing (but not remote compressor) Air <1000 8.85–0.0038H Not Applicable ≥1000 5.10 Not ApplicableRemote Condensing and Remote CompressorAir<934 8.85–0.0038H Not Applicable ≥934 5.3 Not ApplicableSelf Contained Water <200 11.40–0.019H 191–0.0315H ≥200 7.60 191–0.0315HSelf ContainedAir<175 18.0–0.0469H Not Applicable ≥175 9.80 Not Applicable > > #### “(2) > > > #####
(A)> > The Secretary may issue, by rule, standard levels for types of automatic commercial ice makers that are not covered by paragraph (1). > > > ##### “(B) > > The standards established under subparagraph
(A)shall apply to products manufactured on or after the date that is— > > > ###### “(i) > > 3 years after the date on which the rule is published under subparagraph (A); or > > > ###### “(ii) > > if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published. > > > #### “(3) > > > #####
(A)> > Not later than January 1, 2015, with respect to the standards established under paragraph (1), and, with respect to the standards established under paragraph (2), not later than 5 years after the date on which the standards take effect, the Secretary shall issue a final rule to determine whether amending the applicable standards is technologically feasible and economically justified. > > > ##### “(B) > > Not later than 5 years after the effective date of any amended standards under subparagraph
(A)or the publication of a final rule determining that amending the standards is not technologically feasible or economically justified, the Secretary shall issue a final rule to determine whether amending the standards established under paragraph
(1)or the amended standards, as applicable, is technologically feasible or economically justified. > > > ##### “(C) > > If the Secretary issues a final rule under subparagraph
(A)or
(B)establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after the date that is— > > > ###### “(i) > > 3 years after the date on which the final amended standard is published; or > > > ###### “(ii) > > if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final amended standard is published. > > > #### “(4) > > A final rule issued under paragraph
(2)or
(3)shall establish standards at the maximum level that is technically feasible and economically justified, as provided in subsections
(o)and
(p)of section 325.” > . ###
(e)Standards for Commercial Clothes Washers Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) (as amended by subsection (d)) is amended by adding at the end the following: > > ### “(e) Commercial Clothes Washers > > > ####
(1)> > Each commercial clothes washer manufactured on or after January 1, 2007, shall have— > > > ##### “(A) > > a Modified Energy Factor of at least 1.26; and > > > ##### “(B) > > a Water Factor of not more than 9.5. > > > #### “(2) > > > #####
(A)> > > ######
(i)> > Not later than January 1, 2010, the Secretary shall publish a final rule to determine whether the standards established under paragraph
(1)should be amended. > > > ###### “(ii) > > The rule published under clause
(i)shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is published. > > > ##### “(B) > > > ######
(i)> > Not later than January 1, 2015, the Secretary shall publish a final rule to determine whether the standards established under paragraph
(1)should be amended. > > > ###### “(ii) > > The rule published under clause
(i)shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is published.” > . ###
(f)Test Procedures Section 343 of the Energy Policy and Conservation Act (42 U.S.C. 6314) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (4)— ######
(i)in subparagraph (A), by inserting “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”; and ######
(ii)in subparagraph (B), by inserting “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”; and #####
(B)by adding at the end the following: > > #### “(6) > > > #####
(A)> > > ######
(i)> > In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be— > > > ###### “(I) > > the test procedures determined by the Secretary to be generally accepted industry testing procedures; or > > > ###### “(II) > > rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute. > > > ###### “(ii) > > In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs
(2)and
(3)of section 342(c), the initial test procedures shall be the ASHRAE 117 test procedure that is in effect on January 1, 2005. > > > ##### “(B) > > > ######
(i)> > In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F (± 2 degrees F) for refrigerator compartments and 0 degrees F (± 2 degrees F) for freezer compartments. > > > ##### “(C) > > The Secretary shall issue a rule in accordance with paragraphs
(2)and
(3)to establish the appropriate rating temperatures for the other products for which standards will be established under section 342(c)(4). > > > ##### “(D) > > In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under section 323(e). > > > ##### “(E) > > > ######
(i)> > Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs
(2)and (3). > > > ###### “(ii) > > If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure. > > > ##### “(F) > > > ######
(i)> > If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule— > > > ###### “(I) > > review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and > > > ###### “(II) > > based on that review, adopt one new test procedure for use in the standards program. > > > ###### “(ii) > > If a new test procedure is adopted under clause (i)— > > > ###### “(I) > > section 323(e) shall apply; and > > > ###### “(II) > > subparagraph
(B)shall apply to the adopted test procedure. > > > #### “(7) > > > #####
(A)> > In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning and Refrigeration Institute Standard 810–2003, as in effect on January 1, 2005. > > > ##### “(B) > > > ######
(i)> > If Air-Conditioning and Refrigeration Institute Standard 810–2003 is amended, the Secretary shall amend the test procedures established in subparagraph
(A)as necessary to be consistent with the amended Air-Conditioning and Refrigeration Institute Standard, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs
(2)and (3). > > > ###### “(ii) > > If the Secretary issues a rule under clause
(i)containing a determination described in clause (ii), the rule may establish an amended test procedure for the product that meets the requirements of paragraphs
(2)and (3). > > > ##### “(C) > > The Secretary shall comply with section 323(e) in establishing any amended test procedure under this paragraph. > > > #### “(8) > > With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by the Secretary for residential clothes washers under section 325(g).” > ; and ####
(2)in subsection (d)(1), by inserting “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,”. ###
(g)Labeling Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” each place it appears. ###
(h)Administration, Penalties, Enforcement, and Preemption Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (7), by striking “and” at the end; #####
(B)in paragraph (8), by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following: > > #### “(9) > > in the case of commercial clothes washers, section 327(b)(1) shall be applied as if the National Appliance Energy Conservation Act of 1987 was the Energy Policy Act of 2005.” > ; ####
(2)in the first sentence of subsection (b)(1), by striking “part B” and inserting “part A”; and ####
(3)by adding at the end the following: > > ### “(d) > > > ####
(1)> > Except as provided in paragraphs
(2)and (3), section 327 shall apply with respect to very large commercial package air conditioning and heating equipment to the same extent and in the same manner as section 327 applies under part A on the date of enactment of this subsection. > > > #### “(2) > > Any State or local standard issued before the date of enactment of this subsection shall not be preempted until the standards established under section 342(a)(9) take effect on January 1, 2010. > > > ### “(e) > > > ####
(1)> > > #####
(A)> > Subsections (a), (b), and
(d)of section 326, subsections
(m)through
(s)of section 325, and sections 328 through 336 shall apply with respect to commercial refrigerators, freezers, and refrigerator-freezers to the same extent and in the same manner as those provisions apply under part A. > > > ##### “(B) > > In applying those provisions to commercial refrigerators, freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and
(4)of subsection
(a)shall apply. > > > #### “(2) > > > #####
(A)> > Section 327 shall apply to commercial refrigerators, freezers, and refrigerator-freezers for which standards are established under paragraphs
(2)and
(3)of section 342(c) to the same extent and in the same manner as those provisions apply under part A on the date of enactment of this subsection, except that any State or local standard issued before the date of enactment of this subsection shall not be preempted until the standards established under paragraphs
(2)and
(3)of section 342(c) take effect. > > > ##### “(B) > > In applying section 327 in accordance with subparagraph (A), paragraphs (1), (2), and
(3)of subsection
(a)shall apply. > > > #### “(3) > > > #####
(A)> > Section 327 shall apply to commercial refrigerators, freezers, and refrigerator-freezers for which standards are established under section 342(c)(4) to the same extent and in the same manner as the provisions apply under part A on the date of publication of the final rule by the Secretary, except that any State or local standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards take effect. > > > ##### “(B) > > In applying section 327 in accordance with subparagraph (A), paragraphs (1), (2), and
(3)of subsection
(a)shall apply. > > > #### “(4) > > > #####
(A)> > If the Secretary does not issue a final rule for a specific type of commercial refrigerator, freezer, or refrigerator-freezer within the time frame specified in section 342(c)(5), subsections
(b)and
(c)of section 327 shall not apply to that specific type of refrigerator, freezer, or refrigerator-freezer for the period beginning on the date that is 2 years after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering the specific type of refrigerator, freezer, or refrigerator-freezer. > > > ##### “(B) > > Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule takes effect. > > > #### “(5) > > > #####
(A)> > In the case of any commercial refrigerator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs
(2)and
(3)of section 342(c), the Secretary shall require manufacturers to certify, through an independent, nationally recognized testing or certification program, that the commercial refrigerator, freezer, or refrigerator-freezer meets the applicable standard. > > > ##### “(B) > > The Secretary shall, to the maximum extent practicable, encourage the establishment of at least 2 independent testing and certification programs. > > > ##### “(C) > > As part of certification, information on equipment energy use and interior volume shall be made available to the Secretary. > > > ### “(f) > > > ####
(1)> > > #####
(A)> > > ######
(i)> > Except as provided in clause (ii), section 327 shall apply to automatic commercial ice makers for which standards have been established under section 342(d)(1) to the same extent and in the same manner as the section applies under part A on the date of enactment of this subsection. > > > ###### “(ii) > > Any State standard issued before the date of enactment of this subsection shall not be preempted until the standards established under section 342(d)(1) take effect. > > > ##### “(B) > > In applying section 327 to the equipment under subparagraph (A), paragraphs (1), (2), and
(3)of subsection
(a)shall apply. > > > #### “(2) > > > #####
(A)> > > ######
(i)> > Except as provided in clause (ii), section 327 shall apply to automatic commercial ice makers for which standards have been established under section 342(d)(2) to the same extent and in the same manner as the section applies under part A on the date of publication of the final rule by the Secretary. > > > ###### “(ii) > > Any State standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards established under section 342(d)(2) take effect. > > > ##### “(B) > > In applying section 327 in accordance with subparagraph (A), paragraphs (1), (2), and
(3)of subsection
(a)shall apply. > > > #### “(3) > > > #####
(A)> > If the Secretary does not issue a final rule for a specific type of automatic commercial ice maker within the time frame specified in section 342(d), subsections
(b)and
(c)of section 327 shall no longer apply to the specific type of automatic commercial ice maker for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering the specific type of automatic commercial ice maker. > > > ##### “(B) > > Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect. > > > #### “(4) > > > #####
(A)> > The Secretary shall monitor whether manufacturers are reducing harvest rates below tested values for the purpose of bringing non-complying equipment into compliance. > > > ##### “(B) > > If the Secretary finds that there has been a substantial amount of manipulation with respect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent of tested values. > > > ### “(g) > > > ####
(1)> > > #####
(A)> > If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in section 342(e)(2), subsections
(b)and
(c)of section 327 shall not apply to commercial clothes washers for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering commercial clothes washers. > > > ##### “(B) > > Any State or local standard issued before the date on which the Secretary publishes a final rule shall not be preempted until the standards established under section 342(e)(2) take effect. > > > #### “(2) > > The Secretary shall undertake an educational program to inform owners of laundromats, multifamily housing, and other sites where commercial clothes washers are located about the new standard, including impacts on washer purchase costs and options for recovering those costs through coin collection.” > .
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Sec. 136
ENERGY CONSERVATION STANDARDS FOR COMMERCIAL EQUIPMENT
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