This bill modifies the definition of water heater, otherwise revises energy conservation standards, and sets forth labeling requirements for water heaters. In addition, it directs the Department of Energy to determine whether electric storage water heaters should possess demand response capabilities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7962 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7962
To amend the Energy Policy and Conservation Act to modify the
definition of water heater under energy conservation standards, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2022
Mrs. Dingell (for herself, Ms. Blunt Rochester, Ms. Moore of Wisconsin,
Mr. Cooper, Mr. Rose, Mr. Tonko, Mr. Welch, Mr. Walberg, Ms. Escobar,
Mr. Mullin, Mr. Kind, and Mrs. Harshbarger) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Energy Policy and Conservation Act to modify the
definition of water heater under energy conservation standards, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WATER HEATERS.
(a) Definition of Water Heater.--Section 321 of the Energy Policy
and Conservation Act (42 U.S.C. 6291) is amended by striking paragraph
(27) and inserting the following:
``(27) Water heater.--
``(A) In general.--The term `water heater' means a
product that utilizes oil, gas, or electricity to heat
potable water for use outside the heater on demand,
including--
``(i) storage type units that heat and
store water at a thermostatically controlled
temperature, including--
``(I) gas storage water heaters
with an input of 75,000 Btu per hour or
less, including heat pump type units
that meet the current and voltage
limits described in clause (iii);
``(II) oil storage water heaters
with an input of 105,000 Btu per hour
or less; and
``(III) electric storage water
heaters with an input of 12 kilowatts
or less, including heat pump type units
that meet the current and voltage
limits described in clause (iii);
``(ii)(I) instantaneous type units that
heat water but contain not more than 1 gallon
of water per 4,000 Btu per hour of input; and
``(II) in the case of--
``(aa) gas instantaneous water
heaters, have an input of 200,000 Btu
per hour or less and are designed and
marketed to provide outlet hot water at
a thermostatically controlled
temperature of less than 180 degrees
Fahrenheit;
``(bb) oil instantaneous water
heaters, have an input of 210,000 Btu
per hour or less; and
``(cc) electric instantaneous water
heaters, have an input of 12 kilowatts
or less;
``(iii) heat pump type units (including
add-on heat pumps, integrated heat pumps with
storage, split-system heat pumps that consist
of a separate heat pump and storage tank that
are designed and marketed to operate together,
and all ancillary equipment, such as fans,
storage tanks, pumps, electric resistance
heating elements, or controls necessary for the
device to perform its function) that--
``(I) have a maximum current rating
of 24 amperes at a voltage not greater
than 250 volts; and
``(II) are designed to transfer
thermal energy from 1 temperature level
to a different temperature level for
the purpose of heating water;
``(iv) solar thermal-assisted electric
storage units; and
``(v) solar thermal-assisted fossil fuel
storage units.
``(B) Exclusions.--Except as provided by the
Secretary in accordance with section 325(e)(7)(B), the
term `water heater' does not include--
``(i) electric storage type units described
in subparagraph (A)(i)(III) that--
``(I) are designed and marketed
exclusively for commercial building
applications; and
``(II)(aa) are designed,
constructed, inspected, tested, and
stamped in accordance with the most
current Section IV, Part HLW, or
Section X of the Boiler and Pressure
Vessel Code promulgated by the American
Society of Mechanical Engineers;
``(bb) exclusively use 3-phase
electricity, are designed and marketed
to provide outlet hot water at a
thermostatically controlled temperature
of 180 degrees Fahrenheit or greater,
and operate only at rated voltages of
not less than 208 volts; or
``(cc) exclusively use single-phase
electricity, are designed and marketed
to provide outlet hot water at a
thermostatically controlled temperature
of 180 degrees Fahrenheit or greater,
and operate only at a rated voltage of
277 volts; or
``(ii) gas storage type units described in
subparagraph (A)(i)(I) that--
``(I) are designed and marketed
exclusively for commercial building
applications; and
``(II) are designed, constructed,
inspected, tested, and stamped in
accordance with the most current
Section IV, Part HLW, of the Boiler and
Pressure Vessel Code promulgated by the
American Society of Mechanical
Engineers.
``(C) Multi-input electric storage water heater.--
The term `multi-input electric storage water heater'
means a product that--
``(i) is not a heat pump type unit
described in subparagraph (A)(iii); and
``(ii) is designed, marketed, or shipped
from the manufacturer with a capability of
operating or being configured to operate at
inputs greater than, equal to, or below 12
kilowatts.
``(D) Solar thermal-assisted electric storage
unit.--The term `solar thermal-assisted electric
storage unit' means a unit that--
``(i) has an input of 12 kilowatts or less;
``(ii) has at least 2 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
collector;
``(iii) does not have electric resistance
heating elements located in the lower half of
the storage tank;
``(iv) has the temperature sensing device
that controls the auxiliary electric heat
source located in the upper half of the storage
tank; and
``(v) has a ratio of less than 0.70 for the
proportion that the certified first hour rating
bears to the nominal volume of the storage tank
tested without solar energy input.''.
(b) Test Procedures.--Section 323(b)(3) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)(3)) is amended--
(1) by striking ``(3) Any test'' and inserting the
following:
``(3) Design of test procedures.--
``(A) In general.--Any test''; and
(2) by adding at the end the following:
``(B) 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 325A shall be designed to
assess compliance with those requirements in addition
to producing the test results described in subparagraph
(A).''.
(c) Standards for Water Heaters.--Section 325(e) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(e)) is amended by adding at
the end the following:
``(7) Exempted water heaters.--
``(A) Definition of exempted water heater.--In this
paragraph, the term `exempted water heater' means a
water heater described in section 321(27)(B).
``(B) Monitoring of shipments.--
``(i) Submission of data.--Not later than
90 days after the date of enactment of this
paragraph, and not later than May 1 of each
year thereafter, the Secretary shall require
each manufacturer of water heaters to report to
the Secretary the quantity of exempted water
heaters, in each category of exempted water
heaters, that the manufacturer shipped in the
preceding calendar year.
``(ii) Confidentiality requirements.--The
Secretary shall treat shipment data reported by
manufacturers under clause (i) as confidential
business information subject to appropriate
confidential data safeguards.
``(iii) Publication.--
``(I) Baseline shipment data.--Not
later than 120 days after the date of
enactment of this paragraph, the
Secretary shall publish an analysis of
the data collected under clause (i) for
public comment, subject to applicable
confidentiality safeguards, which shall
serve as the baseline data for the
analysis described in subclause
(II)(bb).
``(II) Percentage growth from
baseline.--Not later than June 1 of
each year after the year in which the
Secretary publishes data under
subclause (I), the Secretary shall
publish--
``(aa) an analysis of the
data collected under clause (i)
for public comment, subject to
applicable confidentiality
safeguards;
``(bb) the percentage
growth in the number of
shipments within each category
of exempted water heater
relative to the baseline data
described in subclause (I); and
``(cc) the determination of
the Secretary as to whether the
number of shipments for any
category of exempted water
heater have increased by more
than 25 percent compared to the
baseline data for that
category.
``(C) Inclusion of exempted water heaters.--
``(i) In general.--If the Secretary makes
an affirmative determination under subparagraph
(B)(iii)(II)(cc) for a category of exempted
water heater--
``(I) the Secretary, by regulation,
shall provide that, for purposes of
this part, the term `water heater'
includes that category of exempted
water heater; and
``(II) beginning on the effective
date of the regulation described in
subclause (I), the exclusion described
in section 321(27)(B) shall not apply
to that category of exempted water
heater.
``(ii) Energy conservation standards.--Any
category of exempted water heater included in
the definition of water heater under clause (i)
shall be required to meet the energy
conservation standards applicable to an
electric or gas storage type water heater under
this part.
``(iii) Effective date.--For any category
of exempted water heater, the Secretary shall
carry out clause (i), and require compliance
under clause (ii), not later than 1 year after
the date on which the Secretary makes the
affirmative determination described in clause
(i) for that category.
``(8) Standards for multi-input electric storage water
heaters.--A multi-input electric storage water heater shall be
subject to the test procedures, energy conservation standards,
labeling (if applicable), and certification requirements--
``(A) for electric storage water heaters under this
part; and
``(B) for storage water heaters under part C.''.
(d) Water Heater Demand Response Capabilities Requirements.--
(1) In general.--Part B of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6291 et seq.) is amended by
inserting after section 325 the following:
``SEC. 325A. WATER HEATER DEMAND RESPONSE CAPABILITIES REQUIREMENTS.
``(a) Definitions.--In this section:
``(1) 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--
``(A) changes in the price of electricity over
time; or
``(B) incentive payments designed to induce lower
electricity use--
``(i) at times of high wholesale market
prices; or
``(ii) during periods in which system
reliability is jeopardized.
``(2) Demand response capabilities.--The term `demand
response capabilities' means the hardware or software,
including any combination of hardware and software, that is
necessary to participate in a demand response program, as
determined by the Secretary.
``(b) Requirements.--
``(1) Initial requirements.--
``(A) In general.--The Secretary shall--
``(i) determine, in accordance with
subparagraph (D), whether to require that
electric storage water heaters possess demand
response capabilities; and
``(ii) not later than December 31, 2024--
``(I) promulgate a final rule with
the requirement described in clause
(i); or
``(II) issue a public notice of a
negative determination under that
clause.
``(B) Storage capacities.--The Secretary may make
separate determinations under subparagraph (A) for
water heaters of different storage capacities.
``(C) Effect of negative determination.--If the
Secretary makes a negative determination under
subparagraph (A)(i), nothing in this paragraph shall
prohibit the Secretary from completing the rulemaking
described in subclause (I) of subparagraph (A)(ii)
after the date described in that subparagraph if the
Secretary later determines that such rulemaking is
necessary.
``(D) Determination.--
``(i) In general.--In carrying out
subparagraph (A)(i), the Secretary shall make
an affirmative determination under that
subparagraph if the Secretary determines that--
``(I) the requirement is needed to
promote participation in demand
response programs; and
``(II) the demand response
capabilities are--
``(aa) technologically
feasible; and
``(bb) economically
justified.
``(ii) Economically justified.--In
considering whether demand response
capabilities are economically justified under
clause (i)(II)(bb), the Secretary shall
consider--
``(I) the factors described in
subclauses (I), (II), (IV), (V), (VI),
and (VII) of section 325(o)(2)(B)(i);
and
``(II) in the case of the factor
described in subclause (II) of that
section, the projected financial impact
on consumers participating in demand
response programs.
``(E) Requirement.--Any rule promulgated by the
Secretary under subparagraph (A)(ii)(I) shall not be
used to justify a higher or lower energy conservation
standard than would otherwise have been selected.
``(F) Industry standards.--In establishing
requirements for demand response capabilities under a
rule promulgated under subparagraph (A)(ii)(I), the
Secretary shall consider industry consensus standards
developed or recognized by the Air-Conditioning,
Heating, and Refrigeration Institute.
``(2) Revisions.--
``(A) In general.--The Secretary may revise any
requirements established under a rule promulgated under
paragraph (1)(A)(ii)(I) if, in the determination of the
Secretary--
``(i) a revision is needed to promote
participation in demand response programs; and
``(ii) the demand response capabilities to
be required under the revised requirements
are--
``(I) technologically feasible; and
``(II) economically justified.
``(B) Requirement.--Any revision under this
paragraph shall be subject to the requirements of
subparagraphs (C) through (E) of paragraph (1).
``(c) Preemption.--
``(1) In general.--Except as provided in paragraph (2),
effective on the date on which a final rule is issued by the
Secretary under subsection (b)(1)(A)(ii)(I), 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 effective.
``(2) Exception.--
``(A) In general.--Paragraph (1) shall not apply to
a law or regulation of a State or political subdivision
of a State if the law was in effect, or the regulation
was finalized, before the date on which the final rule
described in that paragraph is issued.
``(B) Amendment of state or local law.--
``(i) In general.--Subject to clause (ii),
paragraph (1) shall not apply to the amendment
of a law or regulation described in
subparagraph (A) if the amendment is made--
``(I) in the case of the first
amendment, not less than 5 years after
the date on which the law or regulation
became effective or was finalized,
respectively; or
``(II) in the case of any
subsequent amendment, not less than 5
years after the date of any previous
amendment to that law or regulation.
``(ii) Consensus standards.--An amendment
to a law or regulation described in
subparagraph (A) solely to incorporate a more
recent version of a voluntary consensus
standard (as 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' (OMB Circular
A-119)) shall not be considered to be an
amendment to that law or regulation for the
purposes of this subparagraph.
``(d) Enforcement.--A failure to comply with any requirements
established by the Secretary under this section shall be--
``(1) considered to be a violation of section 332; and
``(2) subject to the enforcement provisions of sections 333
and 334.
``(e) 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
programs.''.
(2) Clerical amendment.--The table of contents of the
Energy Policy and Conservation Act (Public Law 94-163; 89 Stat.
872) is amended by inserting after the item relating to section
325 the following:
``Sec. 325A. Water heater demand response capabilities requirements.''.
(3) Conforming amendments.--
(A) Section 326 of the Energy Policy and
Conservation Act (42 U.S.C. 6296) is amended--
(i) in subsection (b)--
(I) in paragraph (3)(A)--
(aa) by inserting ``or a
requirement established under
section 325A'' after ``section
325''; and
(bb) by inserting ``or
requirement'' after ``that
standard''; and
(II) in paragraph (5), by striking
``or 325'' and inserting ``325, or
325A''; and
(ii) in subsection (d)(1)--
(I) in the second sentence, by
striking ``In making'' and inserting
the following:
``(C) Requirement.--In making'';
(II) in the first sentence--
(aa) by striking ``energy
efficiency'' and all that
follows through ``standard,
as'' and inserting ``the
matters described in
subparagraph (B), as''; and
(bb) by striking ``and
energy conservation standards''
and inserting ``energy
conservation standards, and
requirements for water heater
demand response capabilities
(as defined in section
325A(a))'';
(III) by striking ``(1) For
purposes'' and inserting the following:
``(1) Information and reports.--
``(A) In general.--For purposes''; and
(IV) by inserting after
subparagraph (A) (as so designated) the
following:
``(B) Matters described.--The matters referred to
in subparagraph (A) are, with respect to a covered
product described in that subparagraph--
``(i) energy efficiency;
``(ii) energy use;
``(iii) in the case of showerheads,
faucets, water closets, and urinals, the water
use of that covered product;
``(iv) the economic impact of any proposed
energy conservation standard; and
``(v) in the case of electric storage water
heaters--
``(I) water heater demand response
capabilities (as defined in section
325A(a)); and
``(II) the economic impact of any
proposed requirement for water heater
demand response capabilities (as
defined in that section).''.
(B) Section 335 of the Energy Policy and
Conservation Act (42 U.S.C. 6305) is amended by
inserting ``or 325A'' after ``section 325'' each place
it appears.
(C) Section 336 of the Energy Policy and
Conservation Act (42 U.S.C. 6306) is amended--
(i) in subsection (a)--
(I) in paragraph (1), by inserting
``325A,'' after ``325,''; and
(II) in paragraph (2), by inserting
``or 325A'' after ``325''; and
(ii) in subsection (b) by striking ``or
325'' each place it appears and inserting
``325, or 325A''.
(e) Definition of Commercial Water Heater.--Section 340 of the
Energy Policy and Conservation Act (42 U.S.C. 6311) is amended by
striking paragraph (12) and inserting the following:
``(12)(A) Storage water heater.--
``(i) In general.--The term `storage water heater'
means a water heater that--
``(I) heats and stores water within an
appliance at a thermostatically controlled
temperature for delivery on demand; and
``(II) is not a water heater described in
section 321(27)(A).
``(ii) Exclusion.--The term `storage water heater'
does not include a unit with an input rating of 4,000
Btu per hour or more per gallon of stored water.
``(B) Instantaneous water heater.--The term `instantaneous
water heater' means a water heater that--
``(i) has an input rating of at least 4,000 Btu per
hour per gallon of stored water; and
``(ii) is not a water heater described in section
321(27)(A).
``(C) Unfired hot water storage tank.--The term `unfired
hot water storage tank' means a tank used to store water that
is heated externally.''.
(f) Labeling Requirements.--Section 344 of the Energy Policy and
Conservation Act (42 U.S.C. 6315) is amended by adding at the end the
following:
``(l) Labels for Certain Commercial Water Heaters.--
``(1) In general.--Notwithstanding any other provision of
this section, water heaters described in section 321(27)(B)
shall be required to bear a permanent label, applied at the
point of manufacture, that, subject to paragraph (3), satisfies
the requirements described in paragraph (2).
``(2) Requirements.--A label required under paragraph (1)
shall--
``(A) be made of material not adversely affected by
water;
``(B) be attached by means of nonwater-soluble
adhesive; and
``(C) bear the following notice printed in 16.5
point Arial Narrow Bold font: `IMPORTANT INFORMATION:
Exclusively intended for commercial installations. This
model is not certified by the manufacturer to the U.S.
Department of Energy as a residential water heater.
This model does not have a certified First Hour or UEF
rating.'.
``(3) Revision upon petition.--On receipt of a petition by
an interested party, the Secretary may conduct a rulemaking to
revise the scope and requirements of the label required under
paragraph (1).''.
(g) Effective Date.--This section and the amendments made by this
section shall take effect on the date that is 180 days after the date
of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy.
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