WALK-IN COOLERS AND WALK-IN FREEZERS.

SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.(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 (G) through (K) as subparagraphs (H) through (L), respectively; and(B) by inserting after subparagraph (F) the following:“(G) Walk-in coolers and walk-in freezers.”;(2) by redesignating paragraphs (20) and (21) as paragraphs (21) and (22), respectively; and(3) by inserting after paragraph (19) the following:“(20) Walk-in cooler; walk-in freezer.—“(A) In general.—The terms ‘walk-in cooler’ and ‘walk-in freezer’ mean an enclosed storage space refrigerated to temperatures, respectively, above, and at or below 32 degrees Fahrenheit that can be walked into, and has a total chilled storage area of less than 3,000 square feet.“(B) Exclusion.—The terms ‘walk-in cooler’ and ‘walk-in freezer’ do not include products designed and marketed exclusively for medical, scientific, or research purposes.”.(b) Standards.—Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following:“(f) Walk-In Coolers and Walk-In Freezers.—121 STAT. 1565“(1) In general.—Subject to paragraphs (2) through (5), each walk-in cooler or walk-in freezer manufactured on or after January 1, 2009, shall—“(A) have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet;“(B) have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open;“(C) contain wall, ceiling, and door insulation of at least R–25 for coolers and R–32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members;“(D) contain floor insulation of at least R–28 for freezers;“(E) for evaporator fan motors of under 1 horsepower and less than 460 volts, use—“(i) electronically commutated motors (brushless direct current motors); or“(ii) 3-phase motors;“(F) for condenser fan motors of under 1 horsepower, use—“(i) electronically commutated motors;“(ii) permanent split capacitor-type motors; or“(iii) 3-phase motors; and“(G) for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people.“(2) Electronically commutated motors.—“(A) In general.—The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 1 manufacturer.“(B) Other types of motors.—In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary determines that, on average, those other motors use no more energy in evaporator fan applications than electronically commutated motors.“(C) Maximum energy consumption level.—The Secretary shall establish the maximum energy consumption level under subparagraph (B) not later than January 1, 2010.“(3) Additional specifications.—Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the following specifications:“(A) Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with either heat-reflective treated glass or gas fill.121 STAT. 1566“(B) Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be—“(i) double-pane glass with heat-reflective treated glass and gas fill; or“(ii) triple-pane glass with either heat-reflective treated glass or gas fill.“(C) If the appliance has an antisweat heater without antisweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers).“(D) If the appliance has an antisweat heater with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater in a quantity corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.“(4) Performance-based standards.—“(A) In general.—Not later than January 1, 2012, the Secretary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improvement in energy that the Secretary determines is technologically feasible and economically justified.“(B) Application.—“(i) In general.—Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published.“(ii) Delayed effective date.—If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.“(5) Amendment of standards.—“(A) In general.—Not later than January 1, 2020, the Secretary shall publish a final rule to determine if the standards established under paragraph (4) should be amended.“(B) Application.—“(i) In general.—Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published.“(ii) Delayed effective date.—If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.”.(c) Test Procedures.—Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end the following:121 STAT. 1567 “(9) Walk-in coolers and walk-in freezers.—“(A) In general.—For the purpose of test procedures for walk-in coolers and walk-in freezers:“(i) The R value shall be the 1/K factor multiplied by the thickness of the panel.“(ii) The K factor shall be based on ASTM test procedure C518–2004.“(iii) For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used.“(iv) For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used.“(B) Test procedure.—“(i) In general.—Not later than January 1, 2010, the Secretary shall establish a test procedure to measure the energy-use of walk-in coolers and walk-in freezers.“(ii) Computer modeling.—The test procedure may be based on computer modeling, if the computer model or models have been verified using the results of laboratory tests on a significant sample of walk-in coolers and walk-in freezers.”.(d) Labeling.—Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting “walk-in coolers and walk-in freezers,” after “commercial clothes washers,” each place it appears.(e) Administration, Penalties, Enforcement, and Preemption.—Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended—(1) by striking “subparagraphs (B), (C), (D), (E), and (F)” each place it appears and inserting “subparagraphs (B) through (G)”; and(2) by adding at the end the following:“(h) Walk-In Coolers and Walk-In Freezers.—“(1) Covered types.—“(A) Relationship to other law.—“(i) In general.—Except as otherwise provided in this subsection, section 327 shall apply to walk-in coolers and walk-in freezers for which standards have been established under paragraphs (1), (2), and (3) of section 342(f) 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) State standards.—Any State standard prescribed before the date of enactment of this subsection shall not be preempted until the standards established under paragraphs (1) and (2) of section 342(f) take effect.“(B) Administration.—In applying section 327 to equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.“(2) Final rule not timely.—“(A) In general.—If the Secretary does not issue a final rule for a specific type of walk-in cooler or walk-in freezer within the timeframe established under paragraph (4) or (5) of section 342(f), subsections (b) and (c) 121 STAT. 1568 of section 327 shall no longer apply to the specific type of walk-in cooler or walk-in freezer during the period—“(i) beginning on the day after the scheduled date for a final rule; and“(ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer.“(B) State standards.—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.“(3) California.—Any standard issued in the State of California before January 1, 2011, under title 20 of the California Code of Regulations, that refers to walk-in coolers and walk-in freezers, for which standards have been established under paragraphs (1), (2), and (3) of section 342(f), shall not be preempted until the standards established under section 342(f)(3) take effect.”.