Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters (those intended for use as part of an electric thermal storage or demand response program).
Requires annual reports from: (1) manufacturers of such water heaters regarding the quantity of the products shipped each year, and (2) utilities and other demand response and thermal storage program operators regarding the quantity of products activated for their programs.
Requires the Secretary of Energy (DOE) to publish analyses of data collected from such reports and to establish procedures to prevent product diversion if sales of the products exceed by at least 15% the quantity activated for use in the demand response and thermal storage programs annually.
Maintains the standards and publication procedures established by this Act until the Secretary determines that such water heaters do not require a separate efficiency requirement.
Requires the Secretary to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment.
Makes unlawful, with respect to grid-enabled water heaters not used as part of an electric thermal storage or demand response program, the knowing and repeated distribution of activation keys, enabling of full operation of the products, or removing or making illegible their labels.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1739 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1739
To modify the efficiency standards for grid-enabled water heaters.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2013
Mr. Hoeven (for himself, Mr. Pryor, Mr. Chambliss, Ms. Klobuchar, and
Mr. Blunt) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To modify the efficiency standards for grid-enabled water heaters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GRID-ENABLED WATER HEATERS.
Part B of title III of the Energy Policy and Conservation Act (42
U.S.C. 6291 et seq.) is amended--
(1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the
end the following:
``(6) Additional standards for grid-enabled water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Activation key.--The term `activation
key' means a physical device or control
directly on the water heater, a software code,
or a digital communication means--
``(I) that must be activated to
enable the product to operate
continuously and at its designed
specifications and capabilities; and
``(II) without which activation the
product will provide not greater than
50 percent of the rated first hour
delivery of hot water certified by the
manufacturer.
``(ii) Grid-enabled water heater.--The term
`grid-enabled water heater' means an electric
resistance water heater that--
``(I) has a rated storage tank
volume of more than 75 gallons;
``(II) is manufactured on or after
April 16, 2015;
``(III) has--
``(aa) an energy factor of
not less than 1.061 minus the
product obtained by
multiplying--
``(AA) the rated
storage volume of the
tank, expressed in
gallons; and
``(BB) 0.00168; or
``(bb) an efficiency level
equivalent to the energy factor
under item (aa) and expressed
as a uniform energy descriptor
based on the revised test
procedure for water heaters
described in paragraph (5);
``(IV) is equipped by the
manufacturer with an activation key;
and
``(V) bears a permanent label
applied by the manufacturer that--
``(aa) is made of material
not adversely affected by
water;
``(bb) is attached by means
of non-water-soluble adhesive;
and
``(cc) advises purchasers
and end-users of the intended
and appropriate use of the
product with the following
notice printed in 16.5 point
Arial Narrow Bold font:
```IMPORTANT INFORMATION: This water heater is intended only for use as
part of an electric thermal storage or demand response program. It will
not provide adequate hot water unless enrolled in such a program and
activated by your utility company or another program operator. Confirm
the availability of a program in your local area before purchasing or
installing this product.'.
``(B) Requirement.--The manufacturer or private
labeler shall provide the activation key only to
utilities or other companies operating electric thermal
storage or demand response programs that use grid-
enabled water heaters.
``(C) Reports.--
``(i) Manufacturers.--The Secretary shall
require each manufacturer of grid-enabled water
heaters to report to the Secretary annually the
quantity of grid-enabled water heaters that the
manufacturer ships each year.
``(ii) Operators.--The Secretary shall
require utilities and other demand response and
thermal storage program operators to report
annually the quantity of grid-enabled water
heaters activated for their programs using
forms of the Energy Information Agency or using
such other mechanism that the Secretary
determines appropriate after an opportunity for
notice and comment.
``(iii) Confidentiality requirements.--The
Secretary shall treat shipment data reported by
manufacturers as confidential business
information.
``(D) Publication of information.--
``(i) In general.--In 2017 and 2019, the
Secretary shall publish an analysis of the data
collected under subparagraph (C) to assess the
extent to which shipped products are put into
use in demand response and thermal storage
programs.
``(ii) Prevention of product diversion.--If
the Secretary determines that sales of grid-
enabled water heaters exceed by 15 percent or
greater the quantity of such products activated
for use in demand response and thermal storage
programs annually, the Secretary shall, after
opportunity for notice and comment, establish
procedures to prevent product diversion for
non-program purposes.
``(E) Compliance.--
``(i) In general.--Subparagraphs (A)
through (D) shall remain in effect until the
Secretary determines under this section that
grid-enabled water heaters do not require a
separate efficiency requirement.
``(ii) Effective date.--If the Secretary
exercises the authority described in clause (i)
or amends the efficiency requirement for grid-
enabled water heaters, that action will take
effect on the date described in subsection
(m)(4)(A)(ii).
``(iii) Consideration.--In carrying out
this section with respect to electric water
heaters, the Secretary shall consider the
impact on thermal storage and demand response
programs, including the consequent impact on
energy savings, electric bills, electric
reliability, integration of renewable
resources, and the environment.
``(iv) Requirements.--In carrying out this
subparagraph, the Secretary shall require that
grid-enabled water heaters be equipped with
communication capability to enable the grid-
enabled water heaters to participate in
ancillary services programs if the Secretary
determines that the technology is available,
practical, and cost-effective.''; and
(2) in section 332 (42 U.S.C. 6302)--
(A) in paragraph (5), by striking ``or'' at the
end;
(B) in the first paragraph (6), by striking the
period at the end and inserting a semicolon;
(C) by redesignating the second paragraph (6) as
paragraph (7);
(D) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and
inserting ``; or''; and
(E) by adding at the end the following:
``(8) with respect to grid-enabled water heaters that are
not used as part of an electric thermal storage or demand
response program, for any person knowingly and repeatedly--
``(A) to distribute activation keys for those grid-
enabled water heaters;
``(B) otherwise to enable the full operation of
those grid-enabled water heaters; or
``(C) to remove or render illegible the labels of
those grid-enabled water heaters.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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