2013 -- H 5800

=======

LC01388

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - THE ENERGY AND CONSUMER

SAVINGS ACT OF 2005

     

     

     Introduced By: Representatives Handy, Walsh, Ruggiero, Williams, and Slater

     Date Introduced: February 28, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 39-27-3, 39-27-4, 39-27-5 and 39-27-6 of the General Laws in

1-2

Chapter 39-27 entitled "The Energy and Consumer Savings Act of 2005" are hereby amended to

1-3

read as follows:

1-4

     39-27-3. Definitions. -- As used in this chapter:

1-5

      (a) "Automatic commercial ice-maker" means a factory-made assembly that is shipped in

1-6

one or more packages that consists of a condensing unit and ice-making section operating as an

1-7

integrated unit, that makes and harvests ice cubes, and that may store and dispense ice. This term

1-8

includes machines with capacities between and including fifty (50) and two thousand five

1-9

hundred (2,500) pounds per twenty-four (24) hours.

1-10

      (b) "Ballast" means a device used with an electric discharge lamp to obtain necessary

1-11

circuit conditions (voltage, current and waveform) for starting and operating the lamp.

1-12

      (c) "Boiler" means a self-contained low-pressure appliance for supplying steam or hot

1-13

water primarily designed for space heating.

1-14

      (d) "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir

1-15

as the source of potable water.

1-16

      (e) "Chief of Energy and Community Services" means the head official of the Rhode

1-17

Island state energy office office of energy resources.

1-18

      (f) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes

1-19

washer that:

2-1

      (1) Has a clothes container compartment no greater than three and a half (3.5) cubic feet

2-2

in the case of a horizontal-axis product or no greater than four (4.0) cubic feet in the case of a

2-3

vertical-axis product; and

2-4

      (2) Is designed for use by more than one household, such as in multi-family housing,

2-5

apartments or coin laundries.

2-6

      (g) "Commercial hot food holding cabinet" means an appliance that is a heated, fully-

2-7

enclosed compartment with one or more solid doors, and that is designed to maintain the

2-8

temperature of hot food that has been cooked in a separate appliance. "Commercial hot food

2-9

holding cabinet" does not include heated glass merchandizing cabinets, drawer warmers, or cook-

2-10

and-hold appliances.

2-11

      (h) "Commercial pre-rinse spray valve" means a hand-held device designed and

2-12

marketed for use with commercial dishwashing and ware washing equipment and which sprays

2-13

water on dishes, flatware, and other food service items for the purpose of removing food residue

2-14

prior to their cleaning.

2-15

      (i) "Commercial refrigerator, freezer and refrigerator-freezer" means self-contained

2-16

refrigeration equipment that:

2-17

      (1) Is not a consumer product as regulated pursuant to 42 U.S.C. section 6291 and

2-18

subsequent sections;

2-19

      (2) Operates at a chilled, frozen, combination chilled/frozen, or variable temperature for

2-20

the purpose of storing and/or merchandising food, beverages and/or ice;

2-21

      (3) May have transparent and/or solid hinged doors, sliding doors, or a combination of

2-22

hinged and sliding doors; and

2-23

      (4) Incorporates most components involved in the vapor compression cycle and the

2-24

refrigerated compartment in a single cabinet.

2-25

      This term does not include:

2-26

      (1) Units with eighty-five (85) cubic feet or more of internal volume;

2-27

      (2) Walk-in refrigerators or freezers;

2-28

      (3) Units with no doors; or

2-29

      (4) Freezers specifically designed for ice cream.

2-30

      (j) "Commission" means the Rhode Island public utilities commission.

2-31

      (k) "Compensation" means money or any other valuable thing, regardless of form,

2-32

received or to be received by a person for services rendered.

2-33

      (l) "Electricity ratio" is the ratio of furnace electricity use to total furnace energy use.

2-34

Electricity ratio = (3.412*EAE/(1000*Ef +3.412*EAE)) where EAE (average annual auxiliary

3-1

electrical consumption) and EF (average annual fuel energy consumption) are defined in

3-2

Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations.

3-3

      (m) "High intensity discharge lamp" means a lamp in which light is produced by the

3-4

passage of an electric current through a vapor or gas, and in which the light-producing arc is

3-5

stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three (3)

3-6

watts per square centimeter.

3-7

     (n) "High light output double-ended quartz halogen lamp" means a lamp that:

3-8

     (1) Is designed for general outdoor lighting purposes;

3-9

     (2) Contains a tungsten filament;

3-10

     (3) Has a rated initial lumen value of greater than six thousand (6,000) and less than forty

3-11

thousand (40,000) lumens;

3-12

     (4) Has at each end a recessed single contact, R7s base;

3-13

     (5) Has a maximum overall length (MOL) between four (4) and eleven (11) inches;

3-14

     (6) Has a nominal diameter of less than three quarters of an inch (3/4") (T6);

3-15

     (7) Is designed to be operated at a voltage not less than one hundred-ten (110) volts and

3-16

not greater than two hundred (200) volts or is designed to be operated at a voltage between two

3-17

hundred thirty-five (235) volts and three hundred (300) volts;

3-18

     (8) Is not a tubular quartz infrared heat lamp; and

3-19

     (9) Is not a lamp marked and marketed as a stage and studio lamp with a rated life of five

3-20

hundred (500) hours or less.

3-21

      (n)(o) "Illuminated exit sign" means an internally-illuminated sign that is designed to be

3-22

permanently fixed in place to identify a building exit and consists of an electrically powered

3-23

integral light source that illuminates the legend "EXIT" and any directional indicators and

3-24

provides contrast between the legend, any directional indicators and the background.

3-25

      (o)(p) "Large packaged air-conditioning equipment" means electronically-operated, air-

3-26

cooled air-conditioning and air-conditioning heat pump equipment having cooling capacity

3-27

greater than or equal to two hundred forty thousand (240,000) Btu/hour but less than seven

3-28

hundred sixty thousand (760,000) Btu/hour that is built as a package and shipped as a whole to

3-29

end-user sites.

3-30

      (p)(q) "Low voltage dry-type distribution transformer" means a transformer that:

3-31

      (1) Has an input voltage of six hundred (600) volts or less;

3-32

      (2) Is air-cooled;

3-33

      (3) Does not use oil as a coolant; and

4-34

      (4) Is rated for operation at a frequency of sixty (60) Hertz.

4-35

      (q)(r) "Mercury vapor lamp" means a high-intensity discharge lamp in which the major

4-36

portion of the light is produced by radiation from mercury operating at a partial pressure in excess

4-37

of one hundred thousand (100,000) PA (approximately 1 atm). This includes clear, phosphor-

4-38

coated and self-ballasted lamps.

4-39

      (r)(s)"Metal halide lamp" means a high intensity discharge lamp in which the major

4-40

portion of the light is produced by radiation of metal halides and their products of dissociation,

4-41

possibly in combination with metallic vapors.

4-42

      (s)(t) "Metal halide lamp fixture" means a lamp fixture designed to be operated with a

4-43

metal halide lamp and a ballast for a metal halide lamp.

4-44

     (u) "Portable electric spa" means a factory built electric spa or hot tub, supplied with

4-45

equipment for heating and circulating water.

4-46

      (t)(v) "Probe-start metal halide ballast" means a ballast used to operate metal halide

4-47

lamps which does not contain an igniter and which instead starts lamps by using a third staring

4-48

electrode "probe" in the arc tube.

4-49

      (u)(w) "Pulldown refrigerator" means a commercial refrigerator with doors that, when

4-50

fully loaded with twelve (12) ounce canned beverages at ninety (90) degrees F, can cool these

4-51

beverages to an average stable temperature of thirty-eight (38) degrees F in twelve (12) hours or

4-52

less.

4-53

      (v)(x) "Residential boiler" means a self-contained appliance for supplying steam or hot

4-54

water, which uses natural gas, propane, or home heating oil, and which has a heat input rate of

4-55

less than three hundred thousand (300,000) Btu per hour.

4-56

      (w)(y) "Residential furnace" means a self-contained space heater designed to supply

4-57

heated air through ducts of more than ten (10) inches length and which utilizes only single-phase

4-58

electric current, or single-phase electric current or DC current in conjunction with natural gas,

4-59

propane, or home heating oil, and which:

4-60

      (1) Is designed to be the principle heating source for the living space of one or more

4-61

residences;

4-62

      (2) Is not contained within the same cabinet with a central air conditioner whose rated

4-63

cooling capacity is above sixty-five thousand (65,000) Btu per hour; and

4-64

      (3) Has a heat input rate of less than two hundred twenty-five thousand (225,000) Btu

4-65

per hour.

4-66

      (x)(z) "Single-voltage external AC to DC power supply" means a device that:

4-67

      (1) Is designed to convert line voltage AC input into lower voltage DC output;

5-68

      (2) Is able to convert to one DC output voltage at a time;

5-69

      (3) Is sold with, or intended to be used with, a separate end-use product that constitutes

5-70

the primary power load;

5-71

      (4) Is contained within a separate physical enclosure from the end-use product;

5-72

      (5) Is connected to the end-use product via a removable or hard-wired male/female

5-73

electrical connection, cable, cord or other wiring;

5-74

      (6) Does not have batteries or battery packs, including those that are removable, that

5-75

physically attach directly to the power supply unit;

5-76

      (7) Does not have a battery chemistry or type selector switch and indicator light; or

5-77

      (8) Has a nameplate output power less than or equal to two hundred fifty (250) watts.

5-78

      (y)(aa) "State-regulated incandescent reflector lamp" means a lamp, not colored or

5-79

designed for rough or vibration service applications, with an inner reflective coating on the outer

5-80

bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at

5-81

least partially within one hundred fifteen (115) to one hundred thirty (130) volts, and that falls

5-82

into either of the following categories: a blown PAR (BPAR), bulged reflector (BR), or elliptical

5-83

reflector (ER) bulb shape or similar bulb shape with a diameter equal to or greater than two and

5-84

one quarter (2.25) inches; or a reflector (R), parabolic aluminized reflector (PARA) bulged

5-85

reflector (BR) or similar bulb shape with a diameter of two and one quarter (2.25) to two and

5-86

three quarter (2.75) inches, inclusive.

5-87

      (z)(bb) "Torchiere" means a portable electric lighting fixture with a reflective bowl that

5-88

directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. A

5-89

torchiere may include downward directed lamps in addition to the upward, indirect illumination.

5-90

      (aa)(cc) "Traffic signal module" means a standard eight (8) inch (two hundred millimeter

5-91

(200 mm)) or twelve (12) inch (three hundred millimeter (300 mm)) traffic signal indication,

5-92

consisting of a light source, a lens, and all other parts necessary for operation.

5-93

      (bb)(dd) "Transformer" means a device consisting of two (2) or more coils of insulated

5-94

wire and that is designed to transfer alternating current by electromagnetic induction from one

5-95

coil to another to change the original voltage or current value. The term "transformer" does not

5-96

include:

5-97

      (1) Transformers with multiple voltage taps, with the highest voltage tap equaling at

5-98

least twenty percent (20%) more than the lowest voltage tap; or

5-99

      (2) Transformers, such as those commonly known as drive transformers, rectifier

5-100

transformers, auto-transformers, uninterruptible power system transformers, impedance

5-101

transformers, regulating transformers, sealed and nonventilating transformers, machine tool

5-102

transformers, welding transformers, grounding transformers, or testing transformers, that are

6-1

designed to be used in a special purpose application and are unlikely to be used in general

6-2

purpose applications.

6-3

     (ee) "Tubular quartz infrared lamp" means a double-ended quartz halogen lamp that is

6-4

marked and marketed as an infrared heat lamp, radiates predominately in the infrared radiation

6-5

range and in which the visible radiation is not of principle interest.

6-6

      (cc)(ff) "Unit heater" means a self-contained, vented fan-type commercial space heater

6-7

that uses natural gas or propane, and that is designed to be installed without ducts within a heated

6-8

space, except that such term does not include any products covered by federal standards

6-9

established pursuant to 42 U.S.C. section 6291 and subsequent sections or any product that is a

6-10

direct vent, forced flue heater with a sealed combustion burner.

6-11

      (dd)(gg) "Walk-in refrigerator" and "walk-in freezer" mean a space, designed for the

6-12

purpose of storing and/or merchandising food, beverages and/or ice, that is refrigerated to

6-13

temperatures, respectively, at or above and below thirty-two (32) degrees F that can be walked

6-14

into.

6-15

      (ee)(hh) "Water dispenser" means a factory-made assembly that mechanically cools and

6-16

heats potable water and that dispenses the cooled or heated water by integral or remote means.

6-17

     39-27-4. Scope. -- (a) The provisions of this chapter apply to the following types of new

6-18

products sold, offered for sale or installed in the state:

6-19

      (1) Automatic commercial ice makers;

6-20

      (2) Commercial clothes washers;

6-21

      (3) Commercial pre-rinse spray valves;

6-22

      (4) Commercial refrigerators, freezers, and refrigerator freezers;

6-23

      (5) High-intensity discharge lamp ballasts;

6-24

      (6) Illuminated exit signs;

6-25

      (7) Large packaged air-conditioning equipment;

6-26

      (8) Low voltage dry-type distribution transformers;

6-27

      (9) Metal halide lamp fixtures;

6-28

      (10) Single-voltage external AC to DC power supplies;

6-29

      (11) Torchieres;

6-30

      (12) Traffic signal modules;

6-31

      (13) Unit heaters.

6-32

      (b) The provisions of this chapter also apply to the following types of new products sold,

6-33

offered for sale or installed in the state:

7-34

      (1) Bottle-type water dispensers;

7-35

      (2) Commercial hot food holding cabinets;

7-36

      (3) Residential boilers and residential furnaces;

7-37

      (4) State-regulated incandescent reflector lamps; and

7-38

      (5) Walk-in refrigerators and walk-in freezers.

7-39

     (c) The provisions of this chapter also apply to the following types of new products sold,

7-40

offered for sale or installed in the state:

7-41

     (1) High light output double-ended quartz halogen lamps; and

7-42

     (2) Portable electric spas.

7-43

      (c)(d) The provisions of this chapter do not apply to:

7-44

      (1) New products manufactured in the state and sold outside the state;

7-45

      (2) New products manufactured outside the state and sold at wholesale inside the state

7-46

for final retail sale and installation outside the state;

7-47

      (3) Products installed in mobile manufactured homes at the time of construction; or

7-48

      (4) Products designed expressly for installation and use in recreational vehicles.

7-49

     39-27-5. Efficiency standards. -- (a) Not later than June 1, 2006, the commission, in

7-50

consultation with the state building commissioner and the chief of energy and community

7-51

services, shall adopt regulations, in accordance with the provisions of chapter 35 of title 42,

7-52

establishing minimum efficiency standards for the types of new products set forth in

7-53

subparagraph (a) of section 39-27-4. The regulations shall provide for the following minimum

7-54

efficiency standards:

7-55

      (1) Automatic commercial ice makers shall meet the energy efficiency requirements

7-56

shown in table A-7 of section 1605.3 of the California Code of Regulations, Title 20: Division 2,

7-57

Chapter 4, Article 4: Appliance Efficiency Regulations as adopted on December 15, 2004.

7-58

      (2) Commercial clothes washers shall meet the requirements shown in Table P-4 of

7-59

section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4:

7-60

Appliance Efficiency Regulations in effect on December 15, 2004.

7-61

      (3) Commercial pre-rinse spray valves shall have a flow rate equal to or less than one

7-62

and six tenths (1.6) gallons per minute.

7-63

      (4) Commercial refrigerators, freezers and refrigerator-freezers shall meet the minimum

7-64

efficiency requirements shown in Table A-6 of section 1605.3 of the California Code of

7-65

Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations as

7-66

adopted on December 15, 2004, except that pulldown refrigerators with transparent doors shall

7-67

meet a requirement five percent (5%) less stringent than shown in the California regulations.

8-68

      (5) High-intensity discharge lamp ballasts shall not be designed and marketed to operate

8-69

a mercury vapor lamp.

8-70

      (6) Illuminated exit signs shall have an input power demand of five (5) watts or less per

8-71

illuminated face.

8-72

      (7) Large packaged air-conditioning equipment shall meet a minimum energy efficiency

8-73

ratio of:

8-74

      (i) Ten (10.0) for air conditioning without an integrated heating component or with

8-75

electric resistance heating integrated into the unit;

8-76

      (ii) Nine and eight tenths (9.8) for air conditioning with heating other than electric

8-77

resistance integrated into the unit;

8-78

      (iii) Nine and five tenths (9.5) for air conditioning with heating other than electric

8-79

resistance integrated heating component or with electric resistance heating integrated into the

8-80

unit;

8-81

      (iv) Nine and three tenths (9.3) for air conditioning heat pump equipment with heating

8-82

other than electric resistance integrated into the unit. Large packaged air conditioning heat pumps

8-83

shall meet a minimum coefficient of performance in the heating mode of three and two tenths

8-84

(3.2) (measured at a high temperature rating of forty-seven (47) degrees F db).

8-85

      (8) Low voltage dry-type distribution transformers shall meet the Class 1 efficiency

8-86

levels for low voltage distribution transformers specified in Table 4-2 of the "Guide for

8-87

Determining Energy Efficiency for Distribution Transformers" published by the National

8-88

Electrical Manufacturers Association (NEMA Standard TP-1-2002).

8-89

      (9) Metal halide lamp fixtures that operate in a vertical position and are designed to be

8-90

operated with lamps rated greater than or equal to one hundred fifty (150) watts but less than or

8-91

equal to five hundred (500) watts shall not contain a probe-start metal halide lamp ballast.

8-92

      (10) Single-voltage external AC to DC power supplies shall meet the tier one energy

8-93

efficiency requirements shown in Table U-1 of section 1605.3 of the California Code of

8-94

Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations as

8-95

adopted on December 15, 2004. This standard applies to single voltage AC to DC power supplies

8-96

that are sold individually and to those that are sold as a component of or in conjunction with

8-97

another product. Single-voltage external AC to DC power supplies that are made available by a

8-98

product manufacturer as service parts or spare parts for its products manufactured prior to January

8-99

1, 2008 shall be exempt from this provision.

8-100

      (11) Torchieres shall not use more than one hundred ninety (190) watts. A torchiere shall

8-101

be deemed to use more than one hundred ninety (190) watts if any commercially available lamp

8-102

or combination of lamps can be inserted in its socket(s) and cause the torchiere to draw more than

9-1

one hundred ninety (190) watts when operated at full brightness.

9-2

      (12) Traffic signal modules shall meet the product specification of the "Energy Star

9-3

Program Requirements for Traffic Signals" developed by the U.S. Environmental Protection

9-4

Agency that took effect in February 2001 and shall be installed with compatible, electronically-

9-5

connected signal control interface devices and conflict monitoring systems.

9-6

      (13) Unit heater shall be equipped with an intermittent ignition device and shall have

9-7

either power venting or an automatic flue damper.

9-8

      (b) Not later than June 1, 2007, the commission, in consultation with the state building

9-9

commissioner and the chief of energy and community services, shall adopt regulations, in

9-10

accordance with the provisions of chapter 42-35, establishing minimum efficiency standards for

9-11

the types of new products set forth in paragraph (b) of section 39-27-4. The regulations shall

9-12

provide for the following minimum efficiency standards.

9-13

      (1) Bottle-type water dispensers designed for dispensing both hot and cold water shall

9-14

not have standby energy consumption greater than one and two tenths (1.2) kilowatt-hours per

9-15

day.

9-16

      (2) Commercial hot food holding cabinets shall have a maximum idle energy rate of

9-17

forty (40) watts per cubic foot of interior volume.

9-18

      (3) (i) Residential furnaces and residential boilers shall comply with the following

9-19

Annual Fuel Utilization Efficiency (AFUE) and electricity ratio values.

9-20

     Product Type Minimum AFUE Maximum electricity ratio

9-21

Natural gas and propane-

9-22

     fired furnaces 90% 2.0%

9-23

     Oil-fired furnaces>94,000

9-24

     Btu/hour in capacity 83% 2.0%

9-25

     Oil-fired furnaces>94,000

9-26

     Btu/hour in capacity 83% 2.3%

9-27

     Natural gas and oil,

9-28

     and propane-fired

9-29

     hot water residential boilers 84% Not applicable

9-30

Natural gas, oil, and

9-31

     propane-fired steam

9-32

     residential boilers 82% Not applicable

     

10-34

     (ii) The chief of energy and community services shall adopt rules to provide for

10-35

exemptions from compliance with the foregoing residential furnace or residential boiler AFUE

10-36

standards at any building, site or location where complying with said standards would be in

10-37

conflict with any local zoning ordinance, fire code, building or plumbing code or other rule

10-38

regarding installation and venting of residential furnaces or residential boilers.

10-39

      (iii) The provisions of this subsection 39-27-5(b) shall be effective upon determination

10-40

by the chief of energy and community services that the same or substantial corresponding

10-41

standards have been enacted in two (2) New England states.

10-42

      (4) (i) State-regulated incandescent reflector lamps shall meet the minimum average

10-43

lamp efficacy requirements for federally-regulated incandescent reflector lamps contained in 42

10-44

U.S.C. section 6295(i)(1)(A).

10-45

      (ii) The following types of incandescent reflector lamps are exempt from these

10-46

requirements:

10-47

      (I) lamps rated at fifty (50) watts or less of the following types: BR30, BR40, ER30 and

10-48

ER40;

10-49

      (II) lamps rated at sixty-five (65) watts of the following types: BR30, BR40, and ER40;

10-50

and

10-51

      (III) R20 lamps of forty-five (45) watts or less.

10-52

      (5) (i) Walk-in refrigerators and walk-in freezers with the applicable motor types shown

10-53

in the table below shall include the required components shown.

10-54

     MOTOR Type Required Components

10-55

All Interior lights: light sources

10-56

with an efficacy of forty-

10-57

      five (45) lumens per watt

10-58

or more, including ballast losses

10-59

(if any). This efficacy standard

10-60

does not apply to LED light

10-61

sources until January 1, 2010.

10-62

All Automatic door closers that

10-63

firmly close all reach-in doors.

10-64

All Automatic door closers that

10-65

firmly close all walk-in doors

10-66

no wider than 3.9 feet and no

10-67

higher than 6.9 feet that have

10-68

been closed to within one inch

11-1

of full closure.

11-2

     All Wall, ceiling, and door insulation

11-3

      at least R-28 for refrigerators

11-4

and at least R-34 for freezers

11-5

     All Floor insulation at least R-28

11-6

      for freezers (no requirements for

11-7

refrigerators)

11-8

     Condenser fan Electronically commutated

11-9

     motors of under one motors, Permanently

11-10

     horsepower split capacitor-type motors

11-11

Polyphase motors of one half (1/2)

11-12

horsepower or more

11-13

     Single-phase evaporator fan Electronically commutated

11-14

     motors of under one horse- motors

11-15

     power and less than four

11-16

     hundred sixty (460) volts

11-17

     (ii) In addition to the requirements in paragraph (i), walk-in refrigerators and walk-in

11-18

freezers with transparent reach-in doors shall meet the following requirements: transparent reach-

11-19

in doors shall be of triple pane glass with either heat-reflective treated glass or gas fill; if the

11-20

appliance has an anti-sweat heater without anti-sweat controls, then: the appliance shall have a

11-21

total door rail, glass, and frame heater power draw of no more than forty (40) watts if it is a

11-22

freezer or seventeen (17) watts if it is a refrigerator per foot of door frame width; and if the

11-23

appliance has an anti-sweat heater with anti-sweat heat controls, and the total door rail, glass, and

11-24

frame heater power draw is more than forty (40) watts if it is a freezer or seventeen (17) watts if it

11-25

is a refrigerator per foot of door frame width, then: the anti-sweat heat controls shall reduce the

11-26

energy use of the anti-sweat heater in an amount corresponding to the relative humidity in the air

11-27

outside the door or to the condensation on the inner glass pane.

11-28

     (c) Not later than June 1, 2014, the commission, in consultation with the state building

11-29

commissioner and the chief of energy and community services, shall adopt regulations in

11-30

accordance with the provisions of chapter 42-35 ("The Administrative Procedures Act"),

11-31

establishing minimum efficiency standards for the types of new products set forth in subsection

11-32

(c) of section 39-27-4. The regulations shall provide for the following minimum efficiency

11-33

standards:

12-34

     (1) High light output double-ended quartz halogen lamps. - A high light output double-

12-35

ended quartz halogen lamp sold or offered for sale shall have a minimum efficiency of twenty-

12-36

seven (27) LPW for lamps with a minimum rated initial lumen value greater than six thousand

12-37

(6,000) and a maximum initial lumen value of fifteen thousand (15,000); and thirty-four (34)

12-38

LPW for lamps with a rated initial lumen value greater than fifteen thousand (15,000) and less

12-39

than forty thousand (40,000);

12-40

     (2) Portable electric spas shall have a normalized standby power not greater than 5(V2/3)

12-41

watts where V= the fill volume in gallons (the 2/3 is a superscript: the term means "V to the two

12-42

thirds power") as measured in accordance with the test method for portable electric spas

12-43

contained in section 1604, title 20, California Code of regulations as amended on December 3,

12-44

2008.

12-45

     39-27-6. Implementation. -- (a) No new commercial clothes washer, commercial pre-

12-46

rinse spray valve, high-intensity discharge lamp ballast, illuminated exit sign, low voltage dry-

12-47

type distribution transformer, torchiere, traffic signal module, or unit heater after January 1, 2007

12-48

may be sold or offered for sale in the state unless the efficiency of the new product meets or

12-49

exceeds the efficiency standards set forth in the regulations adopted pursuant to section 39-27-5.

12-50

No bottle-type-water dispenser, commercial hot food holding cabinet, metal halide lamp fixture,

12-51

single voltage external AC to DC power supply, state regulated incandescent reflector lamp, or

12-52

walk-in refrigerator or walk-in freezer manufactured on or after January 1, 2008 may be sold or

12-53

offered for sale in the state unless the efficiency of the new product meets or exceeds the

12-54

efficiency standards set forth in the regulations adopted pursuant to section 39-27-5. No new

12-55

automatic commercial icemaker, commercial refrigerator, refrigerator-freezer, or freezer or large

12-56

packaged air conditioning equipment manufactured on or after January 1, 2010 may be sold or

12-57

offered for sale in the state unless the efficiency of the new product meets or exceeds the

12-58

efficiency standards set forth in the regulations adopted pursuant to section 39-27-5. High light

12-59

output double-ended quartz halogen lamps or portable electric spas manufactured on or after

12-60

January 1, 2015 may be sold or offered for sale in the state, unless the efficiency of the new

12-61

products meet or exceed the efficiency standards set forth in the regulations adopted pursuant to

12-62

section 37-27-5.

12-63

      (b) No later than six (6) months after the effective date of this chapter, the chief of

12-64

energy and community services, in consultation with the attorney general, shall determine if

12-65

implementation of state standards for residential furnaces and residential boilers require a waiver

12-66

from federal preemption. If the chief of energy and community services determines that a waiver

12-67

from federal preemption is not needed, then no new residential furnace or residential boiler

12-68

manufactured on or after January 1, 2008, or the date which is one year after the date of said

13-1

determination, if later, may be sold or offered for sale in the state unless the efficiency of the new

13-2

product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to

13-3

section 39-27-5. If the chief of energy and community services determines that a waiver from

13-4

federal preemption is required, then the chief of energy and community services shall apply for

13-5

such waiver within one year of such determination and upon approval of such waiver application,

13-6

the applicable state standards shall go into effect at the earliest date permitted by federal law.

13-7

      (c) One year after the date upon which sale or offering for sale of certain products is

13-8

limited pursuant to this section, no new products may be installed for compensation in the state

13-9

unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the

13-10

regulations adopted pursuant to section 39-27-5.

13-11

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01388

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - THE ENERGY AND CONSUMER

SAVINGS ACT OF 2005

***

14-1

     This act would update the "Energy and Consumer Savings Act of 2005" by adding high

14-2

light output double-ended quartz halogen lamp, tubular quartz and portable electric spa among the

14-3

products sold or installed in the state for which a minimum efficiency standard must be met.

14-4

     This act would take effect upon passage.

     

=======

LC01388

=======

H5800