2021 -- S 0339

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LC001650

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- APPLIANCE AND EQUIPMENT

ENERGY AND WATER EFFICIENCY STANDARDS ACT OF 2021

     Introduced By: Senators Sosnowski, Valverde, and Coyne

     Date Introduced: February 25, 2021

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings

     The general assembly finds that:

     (1) 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.

     (2) Such efficiency standards save energy and thus reduce climate-changing emissions and

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

natural gas, and other fuels.

     (3) Such efficiency standards save water, mitigating the effects of short- and long-term

droughts and helping to conserve fresh water supplies.

     (4) Bill savings resulting from more-efficient products benefit all consumers but are

especially important to low-income families, who spend a disproportionate share of their income

on utilities. Efficiency standards also help the state and local economies because bill savings can

be spent on local goods and services.

     (5) Energy and water savings help reduce or delay the need for expensive investments in

new power plants, transmission lines, and distribution system upgrades, new and expanded gas

pipelines, and water and sewer infrastructure improvements.

     SECTION 2. Section 39-27-5 of the General Laws in Chapter 39-27 entitled "The Energy

and Consumer Savings Act of 2005" is hereby amended to read as follows:

     39-27-5. Efficiency standards.

     (a) Not later than June 1, 2006, and effective until January 1, 2023, 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 § 39-27-4(a). The

regulations shall provide for the following minimum efficiency standards, which standards shall

remain in effect until such time as the provisions of chapter 27.1 of title 39 become effective:

     (1) Automatic commercial icemakers 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 gallons (1.6 gals.) 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.

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

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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 watts (150 W) but less than or

equal to five hundred watts (500 W) 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 watts (190 W). A torchiere

shall be deemed to use more than one hundred ninety watts (190 W) 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 watts (190 W) when operated at full brightness.

     (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 heaters shall be equipped with an intermittent ignition device and shall have

either power venting or an automatic flue damper.

     (b) 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 35 of title 42, establishing minimum efficiency standards

for the types of new products set forth in § 39-27-4(b). 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

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

day.

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

watts (40 W) 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 shall adopt rules to provide for exemptions

from compliance with the foregoing residential furnace or residential boiler AFUE standards at any

building, site, or location where complying with the 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.

     (iii) The provisions of subsection (b) 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)(B).

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

requirements:

     (A) Lamps, rated at fifty watts (50 W) or less of the following types: BR30, BR40, ER30,

and ER40;

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

and

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

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     (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 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 under one horse power and less

than four hundred sixty (460) volts Electronically commutated motors

     (ii) In addition to the requirements in subsection (b)(5)(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

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 watts (40 W) if it is a freezer

or seventeen watts (17 W) 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 watts (40 W) if it is a freezer or seventeen watts (17 W) 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.

     SECTION 3. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

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CARRIERS" is hereby amended by adding thereto the following chapter:

CHAPTER 27.1

APPLIANCE AND EQUIPMENT ENERGY AND WATER EFFICIENCY STANDARDS ACT

OF 2021

     39-27.1-1. General purpose.

     This chapter establishes minimum efficiency standards for certain products sold or installed

in the state. This chapter shall, upon enactment, be construed to supersede the provisions of chapter

27 of title 39, "The Energy and Consumer Savings Act of 2005", but only to the extent that any

products sold or installed in compliance with the provisions of chapter 27 of title 39 be replaced on

or after January 1, 2023, with products that are in accordance with the provisions of this chapter.

     39-27.1-2. Definitions.

     (a) For purposes of this chapter, the following definitions apply:

     (1) The following definitions refer to "air purifiers":

     (i) "Air purifier," also known as "room air cleaner," means an electric, cord-connected,

portable appliance with the primary function of removing particulate matter from the air and which

can be moved from room to room.

     (ii) "Industrial air purifier" means an indoor air cleaning device manufactured, advertised,

marketed, labeled, and used solely for industrial use that is marketed solely through industrial

supply outlets or businesses and prominently labeled as "Solely for industrial use. Potential health

hazard: emits ozone.

     (2) "Cold temperature fluorescent lamp" means a fluorescent lamp that is not a compact

fluorescent lamp that:

     (i) Is specifically designed to start at minus twenty degrees Fahrenheit (-20°F) when used

with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and

     (ii) Is expressly designated as a cold temperature lamp both in markings on the lamp and

in marketing materials, including catalogs, sales literature, and promotional material.

     (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 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

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fryers).

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

with one or more solid or 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 oven" means a chamber designed for heating, roasting, or baking food by

conduction, convection, radiation, and/or electromagnetic energy.

     (7) "Commercial steam cooker," also known as "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.

     (8) "Commissioner" means the commissioner of energy resources at the Rhode Island

office of energy resources, appointed pursuant to § 42-140-4.

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

or to be received by a person for services rendered.

     (10) "Electric vehicle supply equipment" means the conductors, including the ungrounded,

grounded, and equipment grounding conductors, the electric vehicle connectors, attachment plugs,

and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of

delivering energy from the premises wiring to the electric vehicle. Charging cords with NEMA 5-

15P and NEMA 5-20P attachment plugs are considered electric vehicle supply equipment.

Excludes conductors, connectors, and fittings that are part of a vehicle.

     (11) The following definitions refer to "faucets":

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

public lavatory faucet, or replacement aerator for a private lavatory, public lavatory or residential

kitchen faucet.

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

bathrooms that are exposed to walk-in traffic.

     (iii) "Metering faucet" means a 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.

     (12) The following definitions refer to "gas fireplaces":

     (i) "Decorative gas fireplace" means a vented fireplace, including appliances that are

freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or

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propane, is marked for decorative use only, and is not equipped with a thermostat or intended for

use as a heater.

     (ii) "Gas fireplace" means a decorative gas fireplace or a heating gas fireplace.

     (iii) "Heating gas fireplace" means a vented fireplace, including appliances that are

freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or

propane and is not a decorative fireplace.

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

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

     (14) "Impact-resistant fluorescent lamp" means a fluorescent lamp that is not a compact

fluorescent lamp that:

     (i) Has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is

designed to contain the glass if the glass envelope of the lamp is broken; and

     (ii) Is designated and marketed for the intended application, with:

     (A) The designation on the lamp packaging; and

     (B) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant,

shatterproof, or shatter-protected.

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

mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving

air from inside the building to the outdoors.

     (17) The following definitions refer to "showerheads":

     (i) "Showerhead" means a device through which water is discharged for a shower bath and

includes a hand-held showerhead but does not include a safety shower showerhead.

     (ii) "Hand-held showerhead" 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.

     (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) "State-regulated general service lamp" means any of the following medium-based

incandescent light bulbs:

     (i) Reflector lamps that are:

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     (A) ER30, BR30, BR40, or ER40 lamps rated at fifty watts (50W) or less;

     (B) BR30, BR40, or ER40 lamps rated at sixty-five watts (65W); or

     (C) R20 lamps rated at forty-five watts (45W) or less.

     (ii) B, BA, CA, F and G shape lamps as defined in ANSI C79.1:2002 with a lumen output

of greater than or equal to two hundred (200) and rated at forty watts (40W) or less.

     (iii) A and C shape lamps as defined in ANSI C79.1:2002 with lumen output greater than

or equal to two hundred (200) and less than three hundred ten (310).

     (iv) Shatter-resistant lamps.

     (v) Three (3) way lamps.

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

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

flushes and one full flush.

     (ii) "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.

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

system to deliver and drain away water and waste.

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

persons.

     (v) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys

the waste through a trap into a drainage system.

     (vi) "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.

     (21) The following definitions refer to "water coolers":

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

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

     (iii) "Hot and cold units" dispense both hot and cold water. Provided further that certain

units also offer room-temperature water.

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

takes a few minutes to deliver.

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

potable water.

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     39-27.1-3. Scope.

     (a) The provisions of this chapter apply to:

     (1) Air purifiers;

     (2) Commercial dishwashers;

     (3) Commercial fryers;

     (4) Commercial hot-food holding cabinets;

     (5) Commercial ovens;

     (6) Commercial steam cookers;

     (7) Computers and computer monitors;

     (8) Electric vehicle supply equipment;

     (9) Faucets;

     (10) Gas fireplaces;

     (11) High CRI, cold temperature, and impact-resistant fluorescent lamps;

     (12) Portable electric spas;

     (13) Residential ventilating fans;

     (14) Showerheads;

     (15) Spray sprinkler bodies;

     (16) State-regulated general service lamps;

     (17) Urinals;

     (18) Water closets;

     (19) Water coolers; and

     (20) Any other products as may be designated by the commissioner in accordance with or

by operation of law.

     (b) 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.

     39-27.1-4. Standards.

     (a) Not later than one year after the date of enactment of this chapter, the 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 § 39-27.1-3.

     (b) The regulations shall provide for the following minimum efficiency standards:

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     (1) Air purifiers, except industrial air purifiers, shall meet the following requirements as

measured in accordance with the ENERGY STAR Program Requirements Product Specification

for Room Air Cleaners, Version 2.0:

     (i) Clean air delivery rate for smoke shall be thirty (30) or greater;

     (ii) For models with a clean air delivery rate for smoke less than one hundred (100), clean

air delivery rate per watt for smoke shall be greater than or equal to one and seven-tenths (1.7);

     (iii) For models with a clean air delivery rate for smoke greater than or equal to one hundred

(100) and less than one hundred fifty (150), clean air delivery rate per watt for smoke shall be

greater than or equal to one and nine-tenths (1.9);

     (iv) For models with a clean air delivery rate for smoke greater than or equal to one hundred

fifty (150), clean air delivery rate per watt for smoke shall be greater than or equal to two (2.0);

     For ozone-emitting models, measured ozone shall be less than or equal to fifty parts per

billion (50 ppb);

     (v) For models with a Wi-Fi network connection enabled by default when shipped, partial

on mode power shall not exceed two watts (2W); and

     (vi) For models without a Wi-Fi network connection enabled by default when shipped,

partial on mode power shall not exceed one watt (1W).

     (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 hot-food holding cabinets shall meet the qualification criteria of the

ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding

Cabinets, Version 2.0.

     (5) Commercial ovens included in the scope of the ENERGY STAR Program

Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the

qualification criteria of that specification.

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

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

     (7) Computers and computer monitors shall meet the requirements of The National

Appliance Energy Conservation Act 42 U.S.C. § 6291 et seq.

     (8) Electric vehicle supply equipment included in the scope of the ENERGY STAR

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Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0

(Rev. Apr-2017), shall meet the qualification criteria of that specification.

     (9) Faucets, except for metering faucets, 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 and compliance with those requirements shall be -- "Uniform Test Method for

Measuring the Water Consumption of Faucets and Showerheads" -- as in effect on January 1, 2020.

     (i) 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).

     (ii) 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.

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

rate of five-tenths gallons per minute (0.5 gpm) at sixty pounds per square inch (60 psi).

     (10) Gas fireplaces shall comply with the following requirements:

     (i) Gas fireplaces shall be capable of automatically extinguishing any pilot flame when the

main gas burner flame is established and when it is extinguished;

     (ii) Gas fireplaces must prevent any ignition source for the main gas burner flame from

operating continuously for more than seven (7) days;

     (iii) Decorative gas fireplaces must have a direct vent configuration, unless marked for

replacement use only; and,

     (iv) Heating gas fireplaces shall have a fireplace efficiency greater than or equal to fifty

percent (50%) when tested in accordance with CSA P.4.1-15, "Testing Method for Measuring

Annual Fireplace Efficiency."

     (11) High CRI, cold temperature, and impact-resistant fluorescent lamps shall meet the

minimum efficacy requirements contained in Section 430.32(n)(4) of Title 10 of the Code of

Federal Regulations as in effect on January 1, 2020, 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 1, 2020.

     (12) Portable electric spas shall meet the requirements of the "American National Standard

for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC 14-2019).

     (13) In-line residential ventilating fans shall have a fan motor efficacy of no less than two

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and eight-tenths (2.8) cubic feet per minute per watt. All other residential ventilating fans shall have

a fan motor efficacy of no less than one and four-tenths (1.4) cubic feet per minute per watt for

airflows less than ninety (90) cubic feet per minute and no less than two and eight-tenths (2.8) cubic

feet per minute per watt for other airflows when tested in accordance with Home Ventilation

Institute Publication 916 "HVI Airflow Test Procedure."

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

gpm) at eighty pounds per square inch (80 psi) when tested in accordance with Appendix S to

Subpart B of Part 430 of Title 10 of the Code of Federal Regulations and compliance with those

requirements shall be -- "Uniform Test Method for Measuring the Water Consumption of Faucets

and Showerheads" -- as in effect on January 1, 2020.

     (15) 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.

     (16) State-regulated general service lamps shall meet or exceed a lamp efficacy of forty-

five (45) lumens per watt, when tested in accordance with the federal test procedures for general

service lamps, prescribed in Section 430.23(gg) of Title 10 of the Code of Federal Regulations as

in effect on January 1, 2020.

     (17) 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 (b)(1) through

(b)(4) of this section 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 1, 2020, and water closets

shall pass the waste extraction test for water closets (Section 7.9) of the American Society of

Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018.

     (i) Wall-mounted urinals, except for trough-type urinals, shall have a maximum flush

volume of five-tenths (0.5) gallons per flush.

     (ii) Floor-mounted urinals, except for trough-type urinals, shall have a maximum flush

volume of five-tenths (0.5) gallons per flush.

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

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

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

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

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

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

cold units;

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

cold units; and

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

units.

     39-27.1-5. Implementation.

     (a) On or after January 1, 2023, no new air purifier, cold temperature fluorescent lamp,

commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial

oven, commercial steam cooker, computer or computer monitor, electrical vehicle supply

equipment, faucet, gas fireplace, high CRI fluorescent lamp, impact-resistant fluorescent lamp,

portable electric spa, residential ventilating fan, showerhead, spray sprinkler body, state-regulated

general service lamp, urinal, water closet, or water cooler may be sold or offered for sale, lease, or

rent in the state unless the new product meets the requirements of the standards provided in § 39-

27.1-5.

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

becomes subject to the requirements of subsection (a) 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 § 39-27.1-4.

     39-27.1-6. New and revised standards.

     The commissioner may adopt regulations, in accordance with the provisions of chapter 32

of title 45, to establish increased efficiency standards for the products listed or incorporated in §

39-27.1-3. The commissioner may also establish standards for products not specifically listed in §

39-27.1-3. In considering such new or amended standards, the 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 new products; provided that, no new or increased efficiency standards shall become effective

within one year following the adoption of any amended regulations establishing such increased

efficiency standards.

     39-27.1-7. Testing; Certification; Labeling; Enforcement.

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

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products in accordance with the test procedures adopted pursuant to this chapter. The commissioner

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

     (b) Manufacturers of new products covered by § 39-27.1-3 shall certify to the

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

certifications shall be based on test results. The commissioner shall promulgate regulations

governing the certification of such products and shall coordinate with the certification programs of

other states and federal agencies with similar standards.

     (c) Manufacturers of new products covered by § 39-27.1-3 shall identify each product

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.

     (d) The commissioner may test products covered by § 39-27.1-3. If products so tested are

found not to be in compliance with the minimum efficiency standards established under § 39-27.1-

4, the 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 the public on products found

not to be in compliance with the standards.

     (e) With prior notice and at reasonable and convenient hours, the commissioner may cause

periodic inspections to be made of distributors or retailers of new products covered by § 39-27.1-3

in order to determine compliance with the provisions of this chapter. The commissioner shall also

coordinate with the state building code standards committee regarding inspections prior to

occupancy of newly constructed buildings containing new products that are also covered by chapter

27.3 of title 23.

     (f) The commissioner shall investigate complaints received concerning violations of this

chapter and shall report the results of such investigations to the attorney general. The attorney

general may institute proceedings to enforce the provisions of this chapter. Any manufacturer,

distributor, or retailer, or any person who installs a product covered by this chapter for

compensation, who violates any provision of this chapter shall be issued a warning by the

commissioner for any first violation and subject to a civil penalty of up to one hundred dollars

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($100) for each offense. Repeat violations shall be subject to a civil penalty of not more than five

hundred dollars ($500) for each offense. Each violation shall constitute a separate offense, and each

day that such violation continues shall constitute a separate offense. Penalties assessed under this

subsection are in addition to costs assessed under subsection (d) of this section.

     (g) The commissioner may adopt such further regulations as necessary to ensure the proper

implementation and enforcement of the provisions of this chapter.

     39-27.1-8. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications of the chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.

     39-27.1-9. Effective Date.

     This act shall take effect upon passage, and shall be construed to supersede the provisions

of chapter 27 of title 39, "The Energy and Consumer Savings Act of 2005", to the extent that any

products sold or installed in compliance with the provisions of chapter 27 of title 39 be replaced on

or after January 1, 2023, with products that are in accordance with the provisions of this chapter.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- APPLIANCE AND EQUIPMENT

ENERGY AND WATER EFFICIENCY STANDARDS ACT OF 2021

***

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

and specified equipment purchased or installed after January 1, 2023.

     This act would take effect upon passage.

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