(Sec. 1) Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters for use as part of an electric thermal storage or demand response program (a program that enables customers to reduce or shift their power use during peak demand periods).
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 Department 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: (1) such water heaters do not require a separate efficiency requirement, or (2) procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion.
Requires DOE to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment.
Directs DOE to require the water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the technology is available, practical, and cost-effective.
Makes it unlawful for any person to:
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 906 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 906
To modify the efficiency standards for grid-enabled water heaters.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2015
Mr. Whitfield (for himself, Mr. Welch, Mr. Latta, Mr. Loebsack, Mr.
Cramer, and Mr. Michael F. Doyle of Pennsylvania) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
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 lock.--The term
`activation lock' means a control mechanism
(either a physical device directly on the water
heater or a control system integrated into the
water heater) that is locked by default and
contains a physical, software, or digital
communication that must be activated with an
activation key to enable the product to operate
at its designed specifications and capabilities
and 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, 2016;
``(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 equivalent
alternative standard prescribed
by the Secretary and developed
pursuant to paragraph (5)(E);
``(IV) is equipped at the point of
manufacture with an activation lock;
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 for a grid-
enabled water heater only to a utility or other company
that operates an electric thermal storage or demand
response program that uses such a grid-enabled water
heater.
``(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--
``(I) grid-enabled water heaters do
not require a separate efficiency
requirement; or
``(II) 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 and
procedures to prevent product diversion
for non-program purposes would not be
adequate to prevent such product
diversion.
``(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 any impact on energy
savings, electric bills, peak load reduction,
electric reliability, integration of renewable
resources, and the environment.
``(iv) Requirements.--In carrying out this
paragraph, 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.'';
(2) in section 332(a) (42 U.S.C. 6302(a))--
(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) for any person to--
``(A) activate an activation lock for a grid-
enabled water heater with knowledge that such water
heater is not used as part of an electric thermal
storage or demand response program;
``(B) distribute an activation key for a grid-
enabled water heater with knowledge that such
activation key will be used to activate a grid-enabled
water heater that is not used as part of an electric
thermal storage or demand response program;
``(C) otherwise enable a grid-enabled water heater
to operate at its designed specification and
capabilities with knowledge that such water heater is
not used as part of an electric thermal storage or
demand response program; or
``(D) knowingly remove or render illegible the
label of a grid-enabled water heater described in
section 325(e)(6)(A)(ii)(V).'';
(3) in section 333(a) (42 U.S.C. 6303(a))--
(A) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)'';
and
(B) by striking ``paragraph (1), (2), or (5) of
section 332(a)'' and inserting ``paragraph (1), (2),
(5), (6), (7), or (8) of section 332(a)''; and
(4) in section 334 (42 U.S.C. 6304)--
(A) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)'';
and
(B) by striking ``section 332(a)(6)'' and inserting
``section 332(a)(7)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
Subcommittee Hearings Held.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-142.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-142.
Placed on the Union Calendar, Calendar No. 102.
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