ENERGY CONSERVATION REQUIREMENTS FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT.

SEC. 122. ENERGY CONSERVATION REQUIREMENTS FOR CERTAIN COMMERCIAL AND INDUSTRIAL 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 subparagraph (B) as subparagraph (G); and (B) by inserting after subparagraph (A) the following: “(B) Small commercial package air conditioning and heating equipment. “(C) Large commercial package air conditioning and heating equipment. “(D) Packaged terminal air-conditioners and packaged terminal heat pumps. “(E) Warm air furnaces and packaged boilers. “(F) Storage water heaters, instantaneous water heaters, and unfired hot water storage tanks.”; and (2) in paragraph (2)(B)— (A) by striking out “pumps)” and inserting in lieu thereof “pumps, small and large commercial package air conditioning and heating equipment, packaged terminal air-conditioners, packaged terminal heat pumps, warm air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks)”; and (B) by striking out clauses (v) and (xi) and redesignating clauses (vi), (vii), (viii), (ix), (x), (xii), (xiii), and (xiv) as clauses (v), (vi), (vii), (viii), (ix), (x), (xi), and (xii), respectively; and (3) by adding at the end the following: “(8) The term ‘small commercial package air conditioning and heating equipment’ means air-cooled, water-cooled, evaporativelycooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated below 135,000 Btu per hour (cooling capacity). “(9) The term ‘large commercial package air conditioning and heating equipment’ means air-cooled, water-cooled, evaporativelycooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated at or above 135,000 Btu per hour and below 240,000 Btu per hour (cooling capacity). “(10) (A) The term ‘packaged terminal air conditioner’ means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, 106 STAT. 2807and heating availability by builder’s choice of hot water, steam, or electricity. “(B) The term ‘packaged terminal heat pump’ means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat. “(11) (A) The term ‘warm air furnace’ means a self-contained oil- or gas-fired furnace designed to supply heated air through ducts to spaces that require it and includes combination warm air furnace/electric air conditioning units but does not include unit heaters and duct furnaces. “(B) The term ‘packaged boiler’ means a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls; usually shipped in one or more sections. “(12) (A) The term ‘storage water heater’ means a water heater that heats and stores water within the appliance at a thermostatically controlled temperature for delivery on demand. Such term does not include units with an input rating of 4000 Btu per hour or more per gallon of stored water. “(B) The term ‘instantaneous water heater’ means a water heater that has an input rating of at least 4000 Btu per hour per gallon of stored water. “(C) The term ‘unfired hot water storage tank’ means a tank used to store water that is heated externally. “(13) (A) The term ‘electric motor’ means any motor which is a general purpose T-frame, single-speed, foot-mounting, poly-phase squirrel-cage induction motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating on 230/460 volts and constant 60 Hertz line power as defined in NEMA Standards Publication MG1–1987. “(B) The term ‘definite purpose motor’ means any motor designed in standard ratings with standard operating characteristics or standard mechanical construction for use under service conditions other than usual or for use on a particular type of application and which cannot be used in most general purpose applications. “(C) The term ‘special purpose motor’ means any motor, other than a general purpose motor or definite purpose motor, which has special operating characteristics or special mechanical construction, or both, designed for a particular application. “(D) The term ‘open motor’ means a motor having ventilating openings which permit passage of external cooling air over and around the windings of the machine. “(E) The term ‘enclosed motor’ means a motor so enclosed as to prevent the free exchange of air between the inside and outside of the case but not sufficiently enclosed to be termed airtight. “(F) The term ‘small electric motor’ means a NEMA general purpose alternating current single-speed induction motor, built in a two-digit frame number series in accordance with NEMA Standards Publication MG1–1987. “(G) The term ‘efficiency’ when used with respect to an electric motor means the ratio of an electric motor’s useful power output to its total power input, expressed in percentage. 106 STAT. 2808 “(H) The term ‘nominal full load efficiency’ means the average efficiency of a population of motors of duplicate design as determined in accordance with NEMA Standards Publication MG1–1987. “(14) The term ‘ASHRAE’ means the American Society of Heating, Refrigerating, and Air Conditioning Engineers. “(15) The term ‘IES’ means the Illuminating Engineering Society of North America. “(16) The term ‘NEMA’ means the National Electrical Manufacturers Association. “(17) The term ‘IEEE’ means the Institute of Electrical and Electronics Engineers. “(18) The term ‘energy conservation standard’ means— “(A) a performance standard that prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a product; or “(B) a design requirement for a product.”. (b) Test Procedures.— (1) Section 343(a) of such Act (42 U.S.C. 6314) is amended— (A) by striking out paragraph (1) and inserting in lieu thereof the following: “(1) The Secretary may conduct an evaluation of a class of covered equipment and may prescribe test procedures for such class in accordance with the provisions of this section.”; and (B) by adding at the end the following new paragraphs: “(4) (A) With respect to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks to which standards are applicable under section 342, the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning and Refrigeration Institute or by the American Society of Heating, Refrigerating and Air Conditioning Engineers, as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. “(B) If such an industry test procedure or rating procedure for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal neat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test procedure or rating procedure 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 described in paragraphs (2) and (3) of this subsection. “(C) If the Secretary prescribes a rule containing such a determination, the rule may establish an amended test procedure for such product that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 323(e). 106 STAT. 2809 “(5) (A) With respect to electric motors to which standards are applicable under section 342, the test procedures shall be the test procedures specified in NEMA Standards Publication MG1–1987 and IEEE Standard 112 Test Method B for motor efficiency, as in effect on the date of the enactment of the Energy Policy Act of 1992. “(B) If the test procedure requirements of NEMA Standards Publication MG-1987 and IEEE Standard 112 Test Method B for motor efficiency are amended, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such amended test procedure requirements 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 described in paragraphs (2) and (3) of this subsection. “(C) If the Secretary prescribes a rule containing such a determination, the rule may establish amended test procedures for such electric motors that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 323(e).”. (2) The second subsection designated as subsection (d) of section 343 of such Act (42 U.S.C. 6314(d)(1)) is amended in paragraph (1) in the material preceding subparagraph (A), by inserting after “180 days” the following: “(or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal neat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days)”. (c) Labeling.— Section 344 of such Act (42 U.S.C. 6315) is amended— (1) in subsection (a), by striking out “may” and inserting in lieu thereof “shall”; (2) in subsection (c), by striking out “may” in the material preceding paragraph (1) and inserting in lieu thereof “shall”; (3) by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (f), (g), (h), (i), (j), and (k), respectively; and (4) by inserting after subsection (c), the following new subsections: “(d) Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for electric motors under section 343, the Secretary shall prescribe labeling rules under this section applicable to electric motors taking into consideration NEMA Standards Publication MG1–1987. Such rules shall provide that the labeling of any electric motor manufactured after the 12–month period beginning on the date the Secretary prescribes such labeling rules, shall— “(1) indicate the energy efficiency of the motor on the permanent nameplate attached to such motor; “(2) prominently display the energy efficiency of the motor in equipment catalogs and other material used to market the equipment; and “(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for electric motors under section 342. 106 STAT. 2810 “(e) Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks under section 343, the Secretary shall prescribe labeling rules under this section for such equipment. Such rules shall provide that the labeling of any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioner, packaged terminal heat pump, warm-air furnace, packaged boiler, storage water heater, instantaneous water heater, and unfired hot water storage tank manufactured after the 12–month period beginning on the date the Secretary prescribes such rules shall— “(1) indicate the energy efficiency of the equipment on the permanent nameplate attached to such equipment or other nearby permanent marking; “(2) prominently display the energy efficiency of the equipment in new equipment catalogs used by the manufacturer to advertise the equipment; and “(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for such equipment under section 342.”. (d) Standards.— Section 342 of such Act is amended to read as follows: “standards “Sec. 342. (a) Small and Large Commercial Package Air Conditioning and Heating Equipment, Packaged Terminal Air Conditioners and Heat Pumps, Warm-Air Furnaces, Packaged Boilers, Storage Water Heaters, Instantaneous Water Heaters, and Unfired Hot Water Storage Tanks.— (1) Each small commercial package air conditioning and heating equipment manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 10.0. “(B) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 9.7. “(C) The minimum energy efficiency ratio of air-cooled central air conditioners and 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 8.9 (at a standard rating of 95 degrees F db). “(D) The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 6.8. “(E) The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat 106 STAT. 2811pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 6.6. “(F) 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 3.0 (at a high temperature rating of 47 degrees F db). “(G) The minimum energy efficiency ratio of water-cooled, evaporativelycooled and water-source central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity) shall be 9.3 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water-source and water-cooled equipment). “(H) The minimum energy efficiency ratio of water-cooled, evaporativelycooled and water-source central air conditioners ana 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 10.5 (at a standard rating of 95 degrees F do, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water source and water-cooled equipment). “(I) The minimum coefficient of performance in the heating mode of water-source heat pumps less than 135,000 Btu per hour (cooling capacity) shall be 3.8 (at a standard rating of 70 degrees Fahrenheit entering water). “(2) Each large commercial package air conditioning and heating equipment manufactured on or after January 1, 1995, shall meet the following standard levels: “(A) The minimum energy efficiency ratio of air-cooled central air conditioners and 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 8.5 (at a standard rating of 95 degrees F db). “(B) 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 2.9. “(C) The minimum energy efficiency ratio of water- and evaporativelycooled central air conditioners and 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 9.6 (according to ARI Standard 360–86). “(3) Each packaged terminal air conditioner and packaged terminal heat pump manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) The minimum energy efficiency ratio (EER) of packaged terminal air conditioners and packaged terminal heat pumps in the cooling mode shall be 10.0 — (0.16 x Capacity [in thousands of Btu per hour at a standard rating of 95 degrees F db, outdoor temperature]). If a unit has a capacity of less than 7,000 Btu per hour, then 7,000 Btu per hour shall be used in the calculation. If a unit has a capacity of greater than 15,000 Btu per hour, then 15,000 Btu per hour shall be used in the calculation. “(B) The minimum coefficient of performance (COP) of packaged terminal heat pumps in the heating mode shall be 106 STAT. 28121. 3 + (0.16 x the minimum cooling EER as specified in subparagraph (A)) (at a standard rating of 47 degrees F db). “(4) Each warm air furnace and packaged boiler manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) The minimum thermal efficiency at the maximum rated capacity of gas-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 80 percent. “(B) The minimum thermal efficiency at the maximum rated capacity of oil-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 81 percent. “(C) The minimum combustion efficiency at the maximum rated capacity of gas-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 80 percent. “(D) The minimum combustion efficiency at the maximum rated capacity of oil-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 83 percent. “(5) Each storage water heater, instantaneous water heater, and unfired water storage tank manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of electric storage water heaters shall be 0.30 + (27/Measured Storage Volume [in gallons]). “(B) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of 155,000 Btu per hour or less shall be 1.30 + (114/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent. “(C) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of more than 155,000 Btu per hour shall be 1.30 + (95/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent. “(D) The minimum thermal efficiency of instantaneous water heaters with a storage volume of less than 10 gallons shall be 80 percent. “(E) Except as provided in subparagraph (G), the minimum thermal efficiency of instantaneous water heaters with a storage volume of 10 gallons or more shall be 77 percent. The maximum standby loss, in percent/hour, of such units shall be 2.30 + (67/Measured Storage Volume [in gallons]). “(F) Except as provided in subparagraph (G), the maximum heat loss of unfired hot water storage tanks shall be 6.5 Btu per hour per square foot of tank surface area. “(G) Storage water heaters and hot water storage tanks having more than 140 gallons of storage capacity need not meet the standby loss or heat loss requirements specified in subparagraphs (A) through (C) and subparagraphs (E) and (F) if the tank surface area is thermally insulated to R-12.5 and if a standing pilot light is not used. “(6) (A) If ASHRAE/IES Standard 90.1, as in effect on the date of enactment of the Energy Policy Act of 1992, is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heat-106 STAT. 2813ing equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, the Secretary shall establish an amended uniform national standard for that product at the minimum level for each effective date specified in the amended ASHRAE/IES Standard 90.1, unless the Secretary determines, by rule published in the Federal Register and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than such amended ASHRAE/IES Standard 90.1 for such product would result in significant additional conservation of energy and is technologically feasible and economically justified. “(B) (i) If the Secretary issues a rule containing such a determination, the rule shall establish such amended standard. In determining whether a standard is economically justified for the purposes of subparagraph (A), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed its burdens by, to the greatest extent practicable, considering— “(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard; “(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products which are likely to result from the imposition of the standard; “(III) the total projected amount of energy savings likely to result directly from the imposition of the standard; “(IV) any lessening of the utility or the performance of the products likely to result from the imposition of the standard; “(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; “(VI) the need for national energy conservation; and “(VII) other factors the Secretary considers relevant. “(ii) The Secretary may not prescribe any amended standard under this paragraph which increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes such finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States at the time of the Secretary’s finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary’s determination of whether to prescribe a standard for other types or classes. “(C) A standard amended by the Secretary under this paragraph shall become effective for products manufactured— “(i) with respect to small commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, on or after a 106 STAT. 2814date which is two years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A); and “(ii) with respect to large commercial package air conditioning and heating equipment, on or after a date which is three years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A); except that an energy conservation standard amended by the Secretary pursuant to a rule under subparagraph (B) shall become effective for products manufactured on or after a date which is four years after the date such rule is published in the Federal Register. “(b) Electric Motors.— (1) Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (2), each electric motor manufactured (alone or as a component of another piece of equipment) after the 60-month period beginning on the date of the enactment of this subsection, or in the case of an electric motor which requires listing or certification by a nationally recognized safety testing laboratory, after the 84–month period beginning on such date, shall have a nominal full load efficiency of not less than the following: “Nominal Full-Load Efficiency “Number of poles Open Motors Closed Motors 6 4 2 6 4 2 Motor Horsepower 1 80.0 82.5 80.0 82.5 75.5 1.5 84.0 84.0 82.5 85.5 84.0 82.5 2 85.5 84.0 84.0 86.5 84.0 84.0 3 86.5 86.5 84.0 87.5 87.5 85.5 5 87.5 87.5 85.5 87.5 87.5 87.5 7.5 88.5 88.5 87.5 89.5 89.5 88.5 10 90.2 89.5 88.5 89.5 89.5 89.5 15 90.2 91.0 89.5 90.2 91.0 90.2 20 91.0 91.0 90.2 90.2 91.0 90.2 25 91.7 91.7 91.0 91.7 92.4 91.0 30 92.4 92.4 91.0 91.7 92.4 91.0 40 93.0 93.0 91.7 93.0 93.0 91.7 50 93.0 93.0 92.4 93.0 93.0 92.4 60 93.6 93.6 93.0 93.6 93.5 93.0 75 93.6 94.1 93.0 93.6 94.1 93.0 100 94.1 94.1 93.0 94.1 94.5 93.6 125 94.1 94.5 93.6 94.1 94.5 94.5 150 94.5 95.0 93.6 95.0 95.0 94.5 200 94.5 95.0 94.5 95.0 95.0 95.5 “(2) (A) The Secretary may, by rule, provide that the standards specified in paragraph (1) shall not apply to certain types or classes of electric motors if— “(i) compliance with such standards would not result in significant energy savings because such motors cannot be used in most general purpose applications or are very unlikely to be used in most general purpose applications; and 106 STAT. 2815 “(ii) standards for such motors would not be technologically feasible or economically justified. “(B) Not later than one year after the date of the enactment of this subsection, a manufacturer seeking an exemption under this paragraph with respect to a type or class of electric motor developed on or before the date of the enactment of such subsection shall submit a petition to the Secretary requesting such exemption. Such petition shall include evidence that the type or class of motor meets the criteria for exemption specified in subparagraph (A). “(C) Not later than two years after the date of the enactment of this subsection, the Secretary shall rule on each petition for exemption submitted pursuant to subparagraph (B). In making such ruling, the Secretary shall afford an opportunity for public comment. “(D) Manufacturers of types or classes of motors developed after the date of the enactment of this subsection to which standards under paragraph (1) would be applicable may petition the Secretary for exemptions from compliance with such standards based on the criteria specified in subparagraph (A). “(3) (A) The Secretary shall publish a final rule no later than the end of the 24–month period beginning on the effective date of the standards established under paragraph (1) to determine if such standards should be amended. Such rule shall provide that any amendment shall apply to electric motors manufactured on or after a date which is five years after the effective date of the standards established under paragraph (1). “(B) The Secretary shall publish a final rule no later than 24 months after the effective date of the previous final rule to determine whether to amend the standards in effect for such product. Any such amendment shall apply to electric motors manufactured after a date which is five years after— “(i) the effective date of the previous amendment; or “(ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective.”. (e) Administration, Penalties, Enforcement, and Preemption.— (1) Section 345(a) of such Act (42 U.S.C. 6316(a)) is amended— (A) in the material preceding paragraph (1)— (i) by inserting after “to this part” the following: “(other than the equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section 340(1))”; and (ii) by striking out “and sections 328” and inserting in lieu thereof “, the provisions of subsections (1) through (s) of section 325, and section 327”; (B) in paragraph (1)— (i) by striking out “and 324” and inserting in lieu thereof “, 324, and 325”; and (ii) by striking out “343 and 344, respectively” and inserting in lieu thereof “343, 344, and 342, respectively”; (C) in paragraph (3), by striking out “and” at the end thereof; (D) in paragraph (4), by striking out the period and inserting in lieu thereof a semicolon; and (E) by adding after paragraph (4) the following new paragraphs: 106 STAT. 2816 “(5) section 327(a) shall be applied, in the case of electric motors, as if the National Appliance Energy Conservation Act of 1987 was the Energy Policy Act of 1992; “(6) section 327(b)(1) shall be applied as if electric motors were fluorescent lamp ballasts and as if the National Appliance Energy Conservation Amendments of 1988 were the Energy Policy Act of 1992; “(7) section 327(b)(4) shall be applied as if electric motors were fluorescent lamp ballasts and as if paragraph (5) of section 325(g) were section 342; and “(8) notwithstanding any other provision of law, a regulation or other requirement adopted by a State or subdivision of a State contained in a State or local building code for new construction concerning the energy efficiency or energy use of an electric motor covered under this part is not superseded by the standards for such electric motor established or prescribed under section 342(b) if such regulation or requirement is identical to the standards established or prescribed under such section.”. (2) Section 345 of such Act (42 U.S.C. 6316) is amended by adding at the end the following new subsections: “(b) (1) The provisions of section 326(a), (b), and (d), section 327(a), and sections 328 through 336 shall apply with respect to the equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section 340(1) to the same extent and in the same manner as they apply in part B. In applying such provisions for the purposes of such equipment, paragraphs (1), (2), (3), and (4) of subsection (a) shall apply. “(2) (A) A standard prescribed or established under section 342(a) shall, beginning on the effective date of such standard, supersede any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section. “(B) Notwithstanding subparagraph (A), a standard prescribed or established under section 342(a) shall not supersede a standard for such a product contained in a State or local building code for new construction if— “(i) the standard in the building code does not require that the energy efficiency of such product exceed the applicable minimum energy efficiency requirement in amended ASHRAE/ IES Standard 90.1; and “(ii) the standard in the building code does not take effect prior to the effective date of the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1. “(C) Notwithstanding subparagraph (A), a standard prescribed or established under section 342(a) shall not supersede the standards established by the State of California set forth in Table C-6, California Code of Regulations, Title 24, Part 2, Chapter 2–53, for water-source heat pumps below 135,000 Btu per hour (cooling capacity) that become effective on January 1, 1993. “(D) Notwithstanding subparagraph (A), a standard prescribed or established under section 342(a) shall not supersede a State regulation which has been granted a waiver by the Secretary. The Secretary may grant a waiver pursuant to the terms, conditions, criteria, procedures, and other requirements specified in section 327(d) of this Act. 106 STAT. 2817 “(c) With respect to any electric motor to which standards are applicable under section 342(b), the Secretary shall require manufacturers to certify, through an independent testing or certification program nationally recognized in the United States, that such motor meets the applicable.”. (3) Section 345 of such Act (42 U.S.C. 6316) is amended by striking out the section heading and inserting in lieu thereof “administration, penalties, enforcement, and preemption”. (f) Technical Amendments.— (1) Section 340(3) of such Act is amended by striking out “(3) the” and inserting in lieu thereof the following: “(3) The”. (2) Section 343 of such Act (42 U.S.C. 6314) is amended by redesignating the first subsection designated as subsection (d) as subsection (c). (3) The table of contents of such Act is amended— (A) by striking out the item relating to section 342 and inserting in lieu thereof the following new item: “Sec. 342. Standards.”; and (B) by striking the item for section 345 and inserting in lieu thereof the following new item: “Sec. 345. Administration, penalties, enforcement, and preemption.”