2018 -- H 7828 SUBSTITUTE A AS AMENDED

========

LC003817/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS-THE ENERGY AND CONSUMER

SAVINGS ACT OF 2005

     Introduced By: Representatives Handy, Regunberg, Slater, Ruggiero, and Barros

     Date Introduced: February 28, 2018

     Referred To: House Finance

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-27-2, 39-27-3, 39-27-4, 39-27-5, 39-27-6, 39-27-7 and 39-27-8

of the General Laws in Chapter 39-27 entitled "The Energy and Consumer Savings Act of 2005"

are hereby amended to read as follows:

     39-27-2. Findings.

     The legislature finds that:

     (a) Efficiency standards for certain products sold or installed in the state assure

consumers and businesses that such products meet minimum efficiency performance levels, thus

reducing energy and water waste and saving consumers and businesses money on utility bills.

     (b) Such efficiency standards save energy and thus reduce pollution and other

environmental impacts associated with the production, distribution and use of electricity and,

natural gas and other fuels.

     (c) Such efficiency standards can make electricity and natural gas systems more reliable

by reducing the strain on the electricity grid systems during peak demand periods. Furthermore,

improved energy efficiency can reduce or delay the need for new power plants, power

transmission lines, and power distribution system upgrades as well as new and expanded gas

pipelines.

     (d) Energy efficiency Efficiency standards contribute to the economy of this state by

helping to better balance energy supply and demand for both water and energy, thus reducing

pressure for that creates higher natural gas, water and electricity prices. By saving consumers and

businesses money on energy utility bills, efficiency standards help the state and local economy,

since energy utility bill savings can be spent on local goods and services.

     (e) Furthermore, such water efficiency standards save water and thus reduce the strain on

the water supply. Furthermore, improved water efficiency can reduce or delay the need for water

and sewer infrastructure improvements.

     39-27-3. Definitions.

     As used in this chapter:

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

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

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

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

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

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

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

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

water primarily designed for space heating.

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

as the source of potable water.

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

Island state energy office.

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

washer that:

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

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

vertical-axis product; and

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

apartments or coin laundries.

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

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

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

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

and-hold appliances.

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

LC003817/SUB A - Page 2 of 24

for use with commercial dishwashing and ware washing equipment and which sprays water on

dishes, flatware, and other food service items for the purpose of removing food residue prior to

their cleaning.

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

refrigeration equipment that:

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

sections;

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

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

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

hinged and sliding doors; and

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

refrigerated compartment in a single cabinet.

     This term does not include:

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

     (2) Walk-in refrigerators or freezers;

     (3) Units with no doors; or

     (4) Freezers specifically designed for ice cream.

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

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

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

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

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

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

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

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

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

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

watts per square centimeter.

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

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

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

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

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

LC003817/SUB A - Page 3 of 24

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

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

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

end-user sites.

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

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

     (2) Is air-cooled;

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

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

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

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

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

coated and self-ballasted lamps.

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

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

in combination with metallic vapors.

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

halide lamp and a ballast for a metal halide lamp.

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

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

"probe" in the arc tube.

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

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

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

less.

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

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

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

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

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

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

home heating oil, and which:

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

residences;

LC003817/SUB A - Page 4 of 24

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

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

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

hour.

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

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

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

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

the primary power load;

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

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

electrical connection, cable, cord or other wiring;

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

physically attach directly to the power supply unit;

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

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

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

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

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

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

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

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

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

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

three quarter (2.75) inches, inclusive.

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

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

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

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

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

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

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

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

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

LC003817/SUB A - Page 5 of 24

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

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

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

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

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

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

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

purpose applications.

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

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

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

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

vent, forced flue heater with a sealed combustion burner.

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

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

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

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

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

     (1) The following definitions refer to air compressors:

     (i) "Air compressor" means a compressor designed to compress air that has an inlet open

to the atmosphere or other source of air, and is made up of a compression element (bare

compressor), driver(s), mechanical equipment to drive the compressor element, and any ancillary

equipment.

     (ii) "Compressor" means a machine or apparatus that converts different types of energy

into the potential energy of gas pressure for displacement and compression of gaseous media to

any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load

operating pressure greater than 1.3.

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

as the source of potable water.

     (3) "Commercial dishwasher" means a machine designed to clean and sanitize plates,

pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with

or without blasting media granules) and a sanitizing rinse.

     (4) "Commercial fryer" means an appliance, including a cooking vessel, in which oil is

placed to such a depth that the cooking food is essentially supported by displacement of the

LC003817/SUB A - Page 6 of 24

cooking fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by

means of an immersed electric element of band-wrapped vessel (electric fryers) or by heat

transfer from gas burners through either the walls of the fryer or through tubes passing through

the cooking fluid (gas fryers).

     (5) "Commercial hot-food holding cabinet" means a heated, fully enclosed compartment

with one or more solid transparent doors designed to maintain the temperature of hot food that

has been cooked using a separate appliance. "Commercial hot-food holding cabinet" does not

include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.

     (6) "Commercial steam cooker," also known as a "compartment steamer," means a device

with one or more food-steaming compartments in which the energy in the steam is transferred to

the food by direct contact. Models may include countertop models, wall-mounted models, and

floor models mounted on a stand, pedestal, or cabinet-style base.

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

     (8) "Commissioner" means the commissioner of the office of energy resources".

     (9 Compensation" means money or any other thing of value, regardless of form, received

or to be received by a person for services rendered.

     (10) "General service lamp" means a lamp that has an American National Standards

Institute (ANSI) base; is able to operate at a voltage of twelve (12) volts or twenty-four (24) volts,

at or between one hundred (100) to one hundred thirty (130) volts, at or between two hundred

twenty (220) to two hundred forty (240) volts, or of two hundred seventy-seven (277) volts for

integrated lamps, or is able to operate at any voltage for non-integrated lamps; has an initial

lumen output of greater than or equal to three hundred ten (310) lumens (or two hundred thirty-

two (232) lumens for modified spectrum general service incandescent lamps) and less than or

equal to three thousand three hundred (3,300) lumens; is not a light fixture; is not an LED

downlight retrofit kit; and is used in general lighting applications. General service lamps include,

but are not limited to, general service incandescent lamps, compact fluorescent lamps, general

service light-emitting diode lamps, and general service organic light-emitting diode lamps.

General service lamps do not include:

     (i) Appliance lamps;

     (ii) Black light lamps;

     (iii) Bug lamps;

     (iv) Colored lamps;

     (v) G shape lamps with a diameter of five inches (5") or more as defined in ANSI C79.1-

2002;

LC003817/SUB A - Page 7 of 24

     (vi) General service fluorescent lamps;

     (vii) High-intensity discharge lamps;

     (viii) Infrared lamps;

     (ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not have Edison

screw bases;

     (x) Lamps that have a wedge base or prefocus base;

     (xi) Left-hand thread lamps;

     (xii) Marine lamps;

     (xiii) Marine signal service lamps;

     (xiv) Mine service lamps;

     (xv) MR shape lamps that have a first number symbol equal to sixteen (16) (diameter

equal to two inches (2")) as defined in ANSI C79.1-2002, operate at twelve (12) volts, and have a

lumen output greater than or equal to eight hundred (800);

     (xvi) Other fluorescent lamps;

     (xvii) Plant light lamps;

     (xviii) R20 short lamps;

     (xix) Reflector lamps that have a first number symbol less than sixteen (16) (diameter

less than two inches (2")) as defined in ANSI C79.1-2002 and that do not have E26/E24, E26d,

E26/50x39, E26/53x39, E29/28, E29/53x39, E39, E39d, EP39, or EX39 bases;

     (xx) S shape or G shape lamps that have a first number symbol less than or equal to 12.5

(diameter less than or equal to 1.5625 inches) as defined in ANSI C79.1-2002;

     (xxi) Sign service lamps;

     (xxii) Silver bowl lamps;

     (xxiii) Showcase lamps;

     (xxiv) Specialty MR lamps;

     (xxv) T shape lamps that have a first number symbol less than or equal to eight (8)

(diameter less than or equal to one inch (1")) as defined in ANSI C79.1-2002, nominal overall

length less than twelve inches (12"), and that are not compact fluorescent lamps (as defined in

this section); and

     (xxvi) Traffic signal lamps.

     (11) "High color rendering index (CRI) fluorescent lamp" means a fluorescent lamp with

a color-rendering index of eighty-seven (87) or greater that is not a compact fluorescent lamp.

     (12) The following definitions refer to faucets and showerheads:

     (i) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet, public lavatory

LC003817/SUB A - Page 8 of 24

faucet, or replacement aerator for a lavatory, public lavatory or kitchen faucet.

     (ii) "Public lavatory faucet" means a fitting intended to be installed in nonresidential

bathrooms that are exposed to walk-in traffic.

     (iii) "Metering faucet" means a faucet fitting that, when turned on, will gradually shut

itself off over a period of several seconds.

     (iv) "Replacement aerator" means an aerator sold as a replacement, separate from the

faucet to which it is intended to be attached.

     (v) "Showerhead" means an accessory to a supply fitting for spraying water onto a bather,

typically from an overhead position. The term includes a body spray and handheld shower.

     (1) "Body spray" means a shower device for spraying water onto a bather other than from

the overhead position.

     (2) "Handheld shower" means a showerhead that can be held or fixed in place for the

purpose of spraying water onto a bather and that is connected to a flexible hose.

      (13) The following definitions refer to urinals and water closets:

     (i) "Plumbing fixture" means an exchangeable device, which connects to a plumbing

system to deliver and drain away water and waste.

     (ii) "Urinal" means a plumbing fixture that receives only liquid body waste and, on

demand, conveys the waste through a trap into a drainage system.

     (iii) "Water closet" means a plumbing fixture having a water-containing receptor that

receives liquid and solid body waste through an exposed integral trap into a drainage system.

     (iv) "Dual-flush effective flush volume" means the average flush volume of two (2)

reduced flushes and one full flush.

     (v) "Dual-flush water closet" means a water closet incorporating a feature that allows the

user to flush the water closet with either a reduced or a full volume of water.

     (vi) "Trough-type urinal" means a urinal designed for simultaneous use by two (2) or

more persons.

     (14) The following definitions refer to portable air conditioners:

     (i) "Portable air conditioner" means a portable encased assembly, other than a packaged

terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned

air to an enclosed space, and is powered by single-phase electric current. It includes a source of

refrigeration and may include additional means for air circulation and heating and may be a

single-duct or a dual-duct portable air conditioner.

     (ii) "Single-duct portable air conditioner" means a portable air conditioner that draws all

of the condenser inlet air from the conditioned space without the means of a duct and discharges

LC003817/SUB A - Page 9 of 24

the condenser outlet air outside the conditioned space through a single duct attached to an

adjustable window bracket.

     (iii) "Dual-duct portable air conditioner" means a portable air conditioner that draws

some or all of the condenser inlet air from outside the conditioned space through a duct attached

to an adjustable window bracket, may draw additional condenser inlet air from the conditioned

space, and discharges the condenser outlet air outside the conditioned space by means of a

separate duct attached to an adjustable window bracket.

     (15) "Portable electric spa" means a factory-built electric spa or hot tub which may or

may not include any combination of integral controls, water heating or water circulating

equipment.

     (16) "Residential furnace" means a self-contained space heater designed to supply heated

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

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

propane, or home heating oil, and which:

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

residences;

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

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

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

per hour.

     (17) "Residential ventilating fan" means a ceiling, wall-mounted, or remotely mounted

in-line fan designed to be used in a bathroom or utility room, whose purpose is to move air from

inside the building to the outdoors.

     (18) The following definitions refer to spray sprinkler bodies:

     (i) "Pressure regulator" means a device that maintains constant operating pressure

immediately downstream from the device, given higher pressure upstream.

     (ii) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a

means of connection to the piping system designed to convey water to a nozzle or orifice.

     (19) "Uninterruptible power supply" means a battery charger consisting of a combination

of convertors, switches and energy storage devices (such as batteries), constituting a power

system for maintaining continuity of load power in case of input power failure.

     (20) The following definitions refer to water coolers:

     (i) "Water cooler" means a freestanding device that consumes energy to cool and/or heat

potable water.

LC003817/SUB A - Page 10 of 24

     (ii) "Cold only units" dispense cold water only.

     (iii) "Hot and cold units" dispense both hot and cold water. Some units also offer room-

temperature water.

     (iv) Cook and cold units" dispense both cold and room temperature water.

     (v) "Storage-type" means thermally conditioned water is stored in a tank in the water

cooler and is available instantaneously. Point-of-use, dry storage compartment, and bottled water

coolers are included in this category.

     (vi) "On demand" means the water cooler heats water as it is requested, which typically

takes a few minutes to deliver.

     39-27-4. Scope.

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

offered for sale or installed in the state:

     (1) Automatic commercial ice makers Air compressors;

     (2) Commercial clothes washers;

     (3) Commercial pre-rinse spray valves;

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

dishwashers;

     (5)(3) High-intensity discharge lamp ballasts Commercial fryers;

     (6)(4) Illuminated exit signs Commercial steam cookers;

     (7)(5) Large packaged air-conditioning equipment Computers and computer monitors;

     (8)(6) Low voltage dry-type distribution transformers Faucets;

     (9)(7) Metal halide lamp fixtures General service lamps;

     (10)(8) Single-voltage external AC to DC power supplies High CRI fluorescent lamps;

     (11)(9) Torchieres Portable air conditioners;

     (12)(10) Traffic signal modules Portable electric spas;

     (13)(11) Unit heaters Residential ventilating fans.

     (12) Showerheads;

     (13) Spray sprinkler bodies;

     (14) Uninterruptible power supplies;

     (15) Urinals;

     (16) Water closets;

     (17) Water coolers; and

     (18) Any other products as may be designated by the commissioner in accordance with §

39-27-7 or by operation of law.

LC003817/SUB A - Page 11 of 24

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

offered for sale or installed in the state:

     (1) Bottle-type water dispensers;

     (2) Commercial hot food holding cabinets; and

     (3) Residential boilers and residential Residential furnaces;

     (4) State-regulated incandescent reflector lamps; and

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

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

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

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

final retail sale and installation outside the state;

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

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

     39-27-5. Efficiency standards.

     (a) Not later than June 1, 2006, the commission, in consultation with the state building

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

accordance with the provisions of chapter 35 of title 42, establishing minimum efficiency

standards for the types of new products set forth in subparagraph (a) of § 39-27-4. The

regulations shall provide for the following minimum efficiency standards:

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

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

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

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

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

Appliance Efficiency Regulations in effect on December 15, 2004.

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

six tenths (1.6) gallons per minute.

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

efficiency requirements shown in Table A-6 of § 1605.3 of the California Code of Regulations,

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

December 15, 2004, except that pulldown refrigerators with transparent doors shall meet a

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

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

a mercury vapor lamp.

LC003817/SUB A - Page 12 of 24

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

illuminated face.

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

ratio of:

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

electric resistance heating integrated into the unit;

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

resistance integrated into the unit;

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

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

unit;

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

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

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

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

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

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

Determining Energy Efficiency for Distribution Transformers" published by the National

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

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

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

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

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

efficiency requirements shown in Table U-1 of § 1605.3 of the California Code of Regulations,

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

December 15, 2004. This standard applies to single voltage AC to DC power supplies that are

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

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

manufacturer as service parts or spare parts for its products manufactured prior to January 1, 2008

shall be exempt from this provision.

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

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

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

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

LC003817/SUB A - Page 13 of 24

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

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

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

connected signal control interface devices and conflict monitoring systems.

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

either power venting or an automatic flue damper.

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

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

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

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

for the following minimum efficiency standards.

     (1) Bottle-type water dispensers designed for dispensing both hot and cold water shall not

have standby energy consumption greater than one and two tenths (1.2) kilowatt-hours per day.

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

(40) watts per cubic foot of interior volume.

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

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

Product Type Minimum AFUE Maximum

electricity ratio

Natural gas and propane fired furnaces 90%

2.0%

Oil-fired furnaces>94,000

Btu/hour in capacity 83%

2.0%

Oil-fired furnaces>94,000

Btu/hour in capacity 83%

2.3%

Natural gas and oil, and propane-fired hot

water residential boilers 84% Not

applicable

Natural gas, oil, and propane-fired steam

residential boilers 82% Not

applicable

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

LC003817/SUB A - Page 14 of 24

provide for exemptions from compliance with the foregoing residential furnace or residential

boiler AFUE standards at any building, site or location where complying with said standards

would be in conflict with any local zoning ordinance, fire code, building or plumbing code or

other rule regarding installation and venting of residential furnaces or residential boilers. This

clause becomes effective if the state is granted a waiver from federal preemption to implement

the furnace standard.

     (iii) The provisions of this subsection 39-27-5(b)(a)(3) shall be effective upon

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

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

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

efficacy requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C.

§ 6295(i)(1)(A).

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

requirements:

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

ER40;

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

and

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

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

in the table below shall include the required components shown.

MOTOR Type Required Components

All Interior lights: light sources

with an

efficacy of forty- five (45)

lumens per

watt or more, including ballast

losses

(if any). This efficacy standard

does not

apply to LED light sources until

January

2010.

All Automatic door closers that

LC003817/SUB A - Page 15 of 24

firmly close

all reach-in doors.

All Automatic door closers that

firmly close

all walk-in doors no wider than

3.9 feet

and no higher than 6.9 feet that

have

been closed to within one inch

of full

closure.

All Wall, ceiling, and door

insulation at least

R-28 for refrigerators and at

least R-34 for

freezers

All Floor insulation at least R-28 for

freezers

(no requirements for

refrigerators)

Condenser fan motors of under one horsepower Electronically commutated

motors,

Permanently split capacitor-type

motors

Polyphase motors of one half

(1/2)

horsepower or more

Single-phase evaporator fan motors of Electronically commutated

motors

under one horse power and less than four

hundred sixty (460) volts

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

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

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

LC003817/SUB A - Page 16 of 24

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

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

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

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

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

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

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

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

     (b) Not later than June 1, 2019, the commissioner, in consultation with the state building

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

establishing minimum efficiency standards for the types of new products set forth in § 39-27-4(a).

The regulations shall provide for the following minimum efficiency standards:

     (1) Air compressors that meet the twelve (12) criteria listed on pages 350 and 351 of the

"Energy Conservation Standards for Air Compressors" final rule issued by the U.S. Department

of Energy on December 5, 2016, shall meet the requirements in Table 1 on page 352 following

the instructions on page 353 and as measured in accordance with Appendix A through Subpart T

of Part 431 of Title 10 of the Code of Federal Regulations (CFR) "Uniform Test Method for

Certain Air Compressors" as in effect on July 3, 2017.

     (2) Commercial dishwashers included in the scope of the ENERGY STAR Program

Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the

qualification criteria of that specification.

     (3) Commercial fryers included in the scope of the ENERGY STAR Program

Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the

qualification criteria of that specification.

     (4) Commercial steam cookers shall meet the requirements of the ENERGY STAR

Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2.

     (5) Computers and computer monitors shall meet the requirements of § 1605.3(v) of Title

20 of the California Code of Regulations (C.C.R.) and compliance with those requirements shall

be as measured in accordance with test methods prescribed in § 1604(v) of those regulations.

     (i) The rules shall define "computer" and "computer monitor" to have the same meaning

as set forth in 20 C.C.R. § 1602(v).

     (ii) The referenced portions of the C.C.R. shall be those adopted on or before the

effective date of this act. However, the commissioner shall have authority to amend the rules so

that the definitions of "computer" and "computer monitor" and the minimum efficiency standards

LC003817/SUB A - Page 17 of 24

for computers and computer monitors conform to subsequently adopted modifications to the

referenced sections of the C.C.R.

     (6) Faucets, except for metering faucets, and showerheads shall meet the standards shown

in this subsection when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10

of the Code of Federal Regulations "Uniform Test Method for Measuring the Water Consumption

of Faucets and Showerheads" as in effect on January 3, 2017.

     (7) Lavatory faucets and replacement aerators shall not exceed a maximum flow rate of

one and five-tenths gallons per minute (1.5 gpm) at sixty pounds per square inch (60 psi).

     (8) Residential kitchen faucets and replacement aerators shall not exceed a maximum

flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds per square inch (60

psi), with optional temporary flow of two and two-tenths gallons per minute (2.2 gpm), provided

they default to a maximum flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty

pounds per square inch (60 psi) after each use.

     (9) Public lavatory faucets and replacement aerators shall not exceed a maximum flow

rate of one-half gallon per minute (0.5 gpm) at sixty pounds per square inch (60 psi).

     (10) Showerheads shall not exceed a maximum flow rate of two gallons per minute (2.0

gpm) at eighty pounds per square inch (80 psi).

     (11) General service lamps shall meet or exceed a lamp efficacy of forty-five (45) lumens

per watt, when tested in accordance with the applicable federal test procedures for general service

lamps, prescribed in § 430.23(gg) of Title 10 of the Code of Federal Regulations as in effect on

January 3, 2017.

     (12) High CRI fluorescent lamps shall meet the minimum efficacy requirements

contained in § 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January

3, 2017, as measured in accordance with Appendix R to Subpart B of Part 430 of Title 10 of the

Code of Federal Regulations "Uniform Test Method for Measuring Average Lamp Efficacy (LE),

Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps" as in

effect on January 3, 2017.

     (13) Urinals and water closets, other than those designed and marketed exclusively for

use at prisons or mental health facilities, shall meet the standards shown in subsections (1) to (4)

when tested in accordance with Appendix T to Subpart B of Part 430 of Title 10 of the Code of

Federal Regulations "Uniform Test Method for Measuring the Water Consumption of Water

Closets and Urinals" as in effect on January 3, 2017, and water closets shall pass the waste

extraction test for water closets (Section 7.10) of the American Society of Mechanical Engineers

(ASME) A112.19.2/CSA B45.1-2013.

LC003817/SUB A - Page 18 of 24

     (I) Urinals, except for trough-type urinals, shall have a maximum flush volume of five-

tenths (0.5) of a gallon per flush.

     (ii) Water closets, except for dual-flush tank-type water closets, shall have a maximum

flush volume of one and twenty-eight hundredths (1.28) of a gallon per flush.

     (iii) Dual-flush tank-type water closets shall have a maximum dual flush effective flush

volume of one and twenty-eight hundredths (1.28) of a gallon per flush.

     (14) Portable air conditioners shall have a Combined Energy Efficiency Ratio (CEER), as

measured in accordance with Appendix CC to Subpart B of Part 430 of Title 10 of the Code of

Federal Regulations "Uniform Test Method for Measuring the Energy Consumption of Portable

Air Conditioners" as in effect on January 3, 2017, that is greater than or equal to:

     1.04 x SACC/(3.7117 x SACC0.6384) where SACC is Seasonally Adjusted Cooling

Capacity in Btu/h.

     (15) Portable electric shall meet the requirements of the "American National Standard for

Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC-14 2014).

     (16) Residential ventilating fans shall meet the qualification criteria of the ENERGY

STAR Program Requirements Product Specification for Residential Ventilating Fans, Version

3.2.

     (17) Spray sprinkler bodies that are not specifically excluded from the scope of the

WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral

pressure regulator and shall meet the water efficiency and performance criteria and other

requirements of that specification.

     (18) Uninterruptible power supplies that utilize a NEMA 1-15P or 5-15P input plug and

have an AC output shall have an average load adjusted efficiency that meets or exceed the values

shown on page 193 of the pre-publication final rule "Energy Conservation Program: Energy

Conservation Standards for Uninterruptible Power Supplies" issued by the U.S. Department of

Energy on December 28, 2016, as measured in accordance with test procedures prescribed in

Appendix Y to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations "Uniform

Test Method for Measuring the Energy Consumption of Battery Chargers" as in effect on January

11, 2017.

     (19) Water coolers included in the scope of the ENERGY STAR Program Requirements

Product Specification for Water Coolers, Version 2.0, shall have on mode with no water draw

energy consumption less than or equal the following values as measured in accordance with the

test requirements of that program:

     (i) Sixteen hundredths (0.16 KWh) kilowatt-hours per day for cold-only units and cook

LC003817/SUB A - Page 19 of 24

and cold units;

     (ii) Eighty-seven hundredths (0.87 KWh) kilowatt-hours per day for storage type hot and

cold units; and

     (iii) Eighteen hundredths (0.18 KWh) kilowatt-hours per day for on demand hot and cold

units.

     39-27-6. Implementation.

     (a) No new commercial clothes washer, commercial pre-rinse spray valve, high-intensity

discharge lamp ballast, illuminated exit sign, low voltage dry-type distribution transformer,

torchiere, traffic signal module, or unit heater after January 1, 2007 may be sold or offered for

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

set forth in the regulations adopted pursuant to § 39-27-5. No bottle-type-water dispenser, or

commercial hot food holding cabinet, metal halide lamp fixture, single voltage external AC to DC

power supply, state regulated incandescent reflector lamp, or walk-in refrigerator or walk-in

freezer manufactured on or after January 1, 2008 may be sold or offered for sale in the state

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

regulations adopted pursuant to § 39-27-5. No new automatic commercial icemaker, commercial

refrigerator, refrigerator-freezer, or freezer or large packaged air conditioning equipment

manufactured on or after January 1, 2010 may be sold or offered for sale in the state unless the

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

regulations adopted pursuant to § 39-27-5.

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

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

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

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

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

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

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

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

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

from federal preemption is required, then the chief of energy and community services

commissioner shall may apply for such waiver within one year of such determination and upon

approval of such waiver application, the applicable state standards shall go into effect at the

earliest date permitted by federal law.

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

LC003817/SUB A - Page 20 of 24

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

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

regulations adopted pursuant to § 39-27-5.

     (d) On or after January 1, 2020, no new air compressor, commercial dishwasher,

commercial fryer, commercial steam cooker, computer or computer monitor, faucet, high CRI

fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray sprinkler

body, uninterruptible power supply, urinal, water closet, or water cooler may be sold or offered

for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the

efficiency standards provided in § 39-27-5.

     (e) On or after February 1, 2022, no new portable air conditioner may be sold or offered

for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the

efficiency standards provided in § 39-27-5. This provision shall only apply if, prior to January 1,

2019, the Department of Energy (DOE) has not published a final rule in the Federal Register

establishing efficiency standards for portable air conditioners and if, prior to February 1, 2022,

the rule has not been repealed, voided, or retracted.

     (f) No later than January 1, 2019, and as necessary thereafter, the commissioner, in

consultation with the attorney general, shall determine which general service lamps are subject to

federal preemption. On or after January 1, 2020, no general service lamp that is not subject to

federal preemption may be sold or offered for sale in the state unless the efficiency of the new

product meets or exceeds the efficiency standards provided in § 39-27-5.

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

becomes subject to the requirements of subsections (d), (e), (f), or (g) of this section, no such

products may be installed for compensation in the state unless the efficiency of the new product

meets or exceeds the efficiency standards provided in § 39-27-5.

     39-27-7. New and revised standards.

     The commission commissioner may adopt regulations, in accordance with the provisions

of chapter 35 of title 42, to establish increased efficiency standards for the products listed in § 39-

27-4. In considering such amended standards, the commission, commissioner, in consultation

with the chief of energy and community services commissioner, shall set efficiency standards

upon a determination that increased efficiency standards would serve to promote energy or water

conservation in the state and would be cost-effective for consumers who purchase and use such

products; provided, that increased efficiency standards shall become effective within one year

following the adoption of any amended regulations establishing such increased efficiency

standards.

LC003817/SUB A - Page 21 of 24

     39-27-8. Testing, certification, and enforcement.

     (a) The manufacturers of products covered by the chapter shall test samples of their

products in accordance with the test procedures adopted pursuant to this chapter or those

specified in the State Building Code. The chief of energy and community services commissioner,

in consultation with the state building commissioner, shall adopt test procedures for determining

the energy efficiency of the products covered by § 39-27-4 if such procedures are not provided

for in this section, and § 39-27-5 of this chapter or in the State Building Code., except that the test

procedure for:

     (1) Automatic commercial icemakers shall be the test standard specified by the Air

Conditioning and Refrigeration Institute Standard 810-2003, as in effect on January 1, 2005;

     (2) Bottle-type water dispensers shall be measured in accordance with the test criteria

contained in version 1 of the U.S. Environmental Protection Agency's "Energy Star

Program/Requirement for Bottled Water Coolers," except units with an integral, automatic timer

shall not be tested using Section D, "Timer Usage," of the test criteria;

     (3) Commercial hot food holding cabinets shall be the "idle energy rate-dry test" on

ASTM F2140-01, "Standard Test Method for Performance of Hot Food Holding Cabinets"

published by ASTM International Interior volume and shall be measured in accordance with the

method shown in the U.S. Commercial Hot Food Holding Cabinets as in effect on August 15,

2003; and

     (4) Residential furnaces and boilers AFUE shall be measured in accordance with the

federal test method for measuring the energy consumption of furnaces and boilers contained in

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

     The chief of energy and community services shall use U.S. Department of Energy

approved test methods, or in the absence of such test methods, other appropriate nationally

recognized test methods. The chief of energy and community services commissioner may use

updated test methods when new versions of test procedures become available.

     (b) Manufacturers of new products covered by § 39-27-4 of this chapter, except for single

voltage external AC to DC power supplies, high-intensity discharge lamp ballasts, walk-in

refrigerators and walk-in freezers, shall certify to the chief of energy and community services

commissioner that such products are in compliance with the provisions of this chapter. Such

certifications shall be based on test results. The chief of energy and community services

commissioner shall promulgate regulations governing the certification of such products and may

coordinate with the certification programs of other states and federal agencies.

     (c) Manufacturers of new products covered by § 39-27-4 shall identify each product

LC003817/SUB A - Page 22 of 24

offered for sale or installation in the state as in compliance with the provisions of this chapter by

means of a mark, label, or tag on the product and packaging at the time of sale or installation. The

commissioner shall promulgate regulations governing the identification of such products and

packaging, which shall be coordinated to the greatest practical extent with the labeling programs

of other states and federal agencies with equivalent efficiency standards. The commissioner shall

allow the use of existing marks, labels, or tags, which connote compliance with the efficiency

requirements of this chapter.

      (c)(d) The chief of energy and community services commissioner may test products

covered by § 39-27-4. If the products so tested are found not to be in compliance with the

minimum efficiency standards established under § 39-27-5, the chief of energy and community

services commissioner shall:

     (1) Charge the manufacturer of such product for the cost of product purchase and testing;

and

     (2) Make information available to the attorney general and public on products found not

to be in compliance with the standards.

     (d)(e) With prior notice and at reasonable and convenient hours, the chief of energy and

community services commissioner may cause periodic inspections to be made of distributors or

retailers of new products covered by § 39-27-4 in order to determine compliance with the

provisions of this chapter. The chief of energy and community services commissioner shall also

coordinate in accordance with § 23-27.3-111.7 regarding inspections prior to occupancy of newly

constructed buildings containing new products that are also covered by the State Building Code.

     (e)(f) The chief of energy and community services commissioner shall investigate

complaints received concerning violations of this chapter. Any manufacturer, distributor or

retailer who violates any provision of this chapter shall be issued a warning by the chief of energy

and community services commissioner for any first violation. Repeat violations shall be subject to

a civil penalty of not more than two hundred fifty dollars ($250) five hundred dollars ($500).

Each violation shall constitute a separate offense, and each day that such violation continues shall

constitute a separate offense. Penalties assessed under this paragraph are in addition to costs

assessed under subsection (d) of this section.

     SECTION 2. This act shall take effect upon passage.

========

LC003817/SUB A

========

LC003817/SUB A - Page 23 of 24

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

***

     This act would establish minimum energy and water efficiency standards for certain

products sold or installed in the state.

     This act would take effect upon passage.

========

LC003817/SUB A

========

LC003817/SUB A - Page 24 of 24