2021 -- H 5966 | |
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LC001806 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS- MINIMUM ENERGY AND WATER | |
EFFICIENCY STANDARDS | |
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Introduced By: Representatives Handy, Bennett, Cortvriend, Carson, Felix, and Ruggiero | |
Date Introduced: February 26, 2021 | |
Referred To: House Environment and Natural Resources | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND |
2 | CARRIERS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 27.1 |
4 | MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS FOR CERTAIN |
5 | PRODUCTS SOLD IN THE STATE |
6 | 39-27.1-1. General Purpose. |
7 | This chapter establishes minimum efficiency standards for certain products sold or installed |
8 | in the state. |
9 | 39-27.1-2. Legislative Findings. |
10 | The legislature finds and declares that: |
11 | (1) Efficiency standards for certain products sold or installed in the state assure consumers |
12 | and businesses that such products meet minimum efficiency performance levels, thus reducing |
13 | energy and water waste and saving consumers and businesses money on utility bills. |
14 | (2) Such efficiency standards save energy and thus reduce climate-changing emissions and |
15 | other environmental impacts associated with the production, distribution, and use of electricity, |
16 | natural gas, and other fuels. |
17 | (3) Such efficiency standards save water, mitigating the effects of short- and long-term |
18 | droughts and helping to conserve fresh water supplies. |
| |
1 | (4) Bill savings resulting from more-efficient products benefit all consumers but are |
2 | especially important to low-income families, who spend a disproportionate share of their income |
3 | on utilities. Efficiency standards also help the state and local economies because bill savings can |
4 | be spent on local goods and services. |
5 | (5) Energy and water savings help reduce or delay the need for expensive investments in |
6 | new power plants, transmission lines, and distribution system upgrades, new and expanded gas |
7 | pipelines, and water and sewer infrastructure improvements. |
8 | 39-27.1-3. Definitions. |
9 | As used in the chapter: |
10 | (1) "Air purifier," also known as "room air cleaner," means an electric, cord-connected, |
11 | portable appliance with the primary function of removing particulate matter from the air and which |
12 | can be moved from room to room. |
13 | (2) "Cold temperature fluorescent lamp" means a fluorescent lamp that is not a compact |
14 | fluorescent lamp that: |
15 | (i) Is specifically designed to start at minus twenty degrees (Fahrenheit -20°) when used |
16 | with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and |
17 | (ii) Is expressly designated as a cold temperature lamp both in markings on the lamp and |
18 | in marketing materials, including catalogs, sales literature, and promotional material. |
19 | (3) "Commercial dishwasher" means a machine designed to clean and sanitize plates, pots, |
20 | pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or |
21 | without blasting media granules) and a sanitizing rinse. |
22 | (4) "Commercial fryer" means an appliance, including a cooking vessel, in which oil is |
23 | placed to such a depth that the cooking food is essentially supported by displacement of the cooking |
24 | fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an |
25 | immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas |
26 | burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas |
27 | fryers). |
28 | (5) "Commercial hot-food holding cabinet" means a heated, fully enclosed compartment |
29 | with one or more solid or transparent doors designed to maintain the temperature of hot food that |
30 | has been cooked using a separate appliance. "Commercial hot-food holding cabinet" does not |
31 | include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances. |
32 | (6) "Commercial oven" means a chamber designed for heating, roasting, or baking food by |
33 | conduction, convection, radiation, and/or electromagnetic energy. |
34 | (7) "Commercial steam cooker," also known as "compartment steamer," means a device |
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1 | with one or more food-steaming compartments in which the energy in the steam is transferred to |
2 | the food by direct contact. Models may include countertop models, wall-mounted models, and floor |
3 | models mounted on a stand, pedestal, or cabinet-style base. |
4 | (8) "Compensation" means money or any other valuable thing, regardless of form, received |
5 | or to be received by a person for services rendered. |
6 | (9) "Commissioner" means the commissioner of the Rhode Island office of energy |
7 | resources. |
8 | (10) "Cold temperature fluorescent lamp" means a fluorescent lamp that is not a compact |
9 | fluorescent lamp that: |
10 | (i) Is specifically designed to start at minus twenty degrees (Fahrenheit -20°) when used |
11 | with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and |
12 | (ii) Is expressly designated as a cold temperature lamp both in markings on the lamp and |
13 | in marketing materials, including catalogs, sales literature, and promotional material. |
14 | (11) "Commercial dishwasher" means a machine designed to clean and sanitize plates, pots, |
15 | pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or |
16 | without blasting media granules) and a sanitizing rinse. |
17 | (12) "Commercial fryer" means an appliance, including a cooking vessel, in which oil is |
18 | placed to such a depth that the cooking food is essentially supported by displacement of the cooking |
19 | fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an |
20 | immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas |
21 | burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas |
22 | fryers). |
23 | (13) "Commercial hot-food holding cabinet" means a heated, fully enclosed compartment |
24 | with one or more solid or transparent doors designed to maintain the temperature of hot food that |
25 | has been cooked using a separate appliance. "Commercial hot-food holding cabinet" does not |
26 | include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances. |
27 | (14) "Commercial oven" means a chamber designed for heating, roasting, or baking food |
28 | by conduction, convection, radiation, and/or electromagnetic energy. |
29 | (15) "Commercial steam cooker," also known as "compartment steamer," means a device |
30 | with one or more food-steaming compartments in which the energy in the steam is transferred to |
31 | the food by direct contact. Models may include countertop models, wall-mounted models, and floor |
32 | models mounted on a stand, pedestal, or cabinet-style base. |
33 | (16) "Compensation" means money or any other valuable thing, regardless of form, |
34 | received or to be received by a person for services rendered. |
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1 | (17) "Decorative gas fireplace" means a vented fireplace, including appliances that are |
2 | freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or |
3 | propane, is marked for decorative use only, and is not equipped with a thermostat or intended for |
4 | use as a heater. |
5 | (18) Dual-flush effective flush volume" means the average flush volume of two reduced |
6 | flushes and one full flush. |
7 | (19) "Dual-flush water closet" means a water closet incorporating a feature that allows the |
8 | user to flush the water closet with either a reduced or a full volume of water. |
9 | (20) Industrial air purifier" means an indoor air-cleaning device manufactured, advertised, |
10 | marketed, labeled, and used solely for industrial use that is marketed solely through industrial |
11 | supply outlets or businesses and prominently labeled as "Solely for industrial use potential health |
12 | hazard emits ozone." |
13 | (21) "Faucet" means a private lavatory faucet, residential kitchen faucet, metering faucet, |
14 | public lavatory faucet, or replacement aerator for a private lavatory, public lavatory or residential |
15 | kitchen faucet. |
16 | (22) "Gas fireplace" means a decorative gas fireplace or a heating gas fireplace. |
17 | (23) "Heating gas fireplace" means a vented fireplace, including appliances that are |
18 | freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or |
19 | propane and is not a decorative fireplace. |
20 | (24) "High color rendering index (CRI) fluorescent lamp" means a fluorescent lamp with |
21 | a color-rendering index of eighty-seven (87) or greater that is not a compact fluorescent lamp. |
22 | (25) "Impact-resistant fluorescent lamp" means a fluorescent lamp that is not a compact |
23 | fluorescent lamp that: |
24 | (i) Has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is |
25 | designed to contain the glass if the glass envelope of the lamp is broken; and |
26 | (ii) Is designated and marketed for the intended application with: |
27 | (A) The designation on the lamp packaging; and |
28 | (B) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, |
29 | shatterproof, or shatter-protected. |
30 | (26) "Metering faucet" means a fitting that, when turned on, will gradually shut itself off |
31 | over a period of several seconds. |
32 | (27) "Plumbing fixture" means an exchangeable device, which connects to a plumbing |
33 | system to deliver and drain away water and waste. |
34 | (28) Portable electric spa" means a factory-built electric spa or hot tub which may or may |
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1 | not include any combination of integral controls, water heating or water circulating equipment. |
2 | (29) "Public lavatory faucet" means a fitting designed to be installed in nonresidential |
3 | bathrooms that are exposed to walk-in traffic. |
4 | (30) "Replacement aerator" means an aerator sold as a replacement, separate from the |
5 | faucet to which it is intended to be attached. |
6 | (31) "Residential ventilating fan" means a ceiling or wall-mounted fan, or remotely |
7 | mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving |
8 | air from inside the building to the outdoors. |
9 | (32) "Showerhead" means a device through which water is discharged for a shower bath |
10 | and includes a hand-held showerhead but does not include a safety shower showerhead. |
11 | Showerhead includes: |
12 | (i) "Hand-held showerhead" means a showerhead that can be held or fixed in place for the |
13 | purpose of spraying water onto a bather and that is connected to a flexible hose; and |
14 | (ii)"Pressure regulator" means a device that maintains constant operating pressure |
15 | immediately downstream from the device, given higher pressure upstream. |
16 | (33) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a |
17 | means of connection to the piping system designed to convey water to a nozzle or orifice. |
18 | (34) "State-regulated general service lamp" means any of the following medium-based |
19 | incandescent light bulbs: |
20 | (i) Reflector lamps that are: |
21 | (A) ER30, BR30, BR40, or ER40 lamps rated at fifty watts (50W) or less; |
22 | (B) BR30, BR40, or ER40 lamps rated at sixty-five watts (65W) watts; or |
23 | (C) R20 lamps rated at forty-five (45W) or less. |
24 | (D) B, BA, CA, F and G shape lamps as defined in ANSI C79.1:2002 with a lumen output |
25 | of greater than or equal to two hundred (200) and rated at forty watts (40W) or less. |
26 | (E) A and C shape lamps as defined in ANSI C79.1:2002 with lumen output greater than |
27 | or equal to two hundred (200) and less than three hundred ten (310). |
28 | (F) Shatter-resistant lamps. |
29 | (G) Three (3) way lamps. |
30 | (35) "Trough-type urinal" means a urinal designed for simultaneous use by two or more |
31 | persons. |
32 | (36) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys |
33 | the waste through a trap into a drainage system. |
34 | (37) "Water closet" means a plumbing fixture having a water-containing receptor that |
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1 | receives liquid and solid body waste through an exposed integral trap into a drainage system. |
2 | (38) "Water cooler" means a freestanding device that consumes energy to cool and/or heat |
3 | potable water. Water coolers include: |
4 | (i) "Cold only units" dispense cold water only; |
5 | (ii) "Hot and cold units" dispense both hot and cold water. Some units also offer room- |
6 | temperature water; |
7 | (iii) "Cook and cold units" dispense both cold and room-temperature water; |
8 | (iv) "Storage-type" means thermally conditioned water is stored in a tank in the water |
9 | cooler and is available instantaneously. Point-of-use, dry storage compartment, and bottled water |
10 | coolers are included in this category; and |
11 | (v) "On demand" means the water cooler heats water as it is requested, which typically |
12 | takes a few minutes to deliver. |
13 | 39-27.1-4. Scope. |
14 | (a) The provisions of this chapter apply to: |
15 | (i) Air purifiers; |
16 | (ii) Commercial dishwashers; |
17 | Commercial fryers; |
18 | Commercial hot-food holding cabinets; |
19 | Commercial ovens; |
20 | Commercial steam cookers; |
21 | Computers and computer monitors; |
22 | Faucets; |
23 | Gas fireplaces; |
24 | High CRI, cold temperature, and impact-resistant fluorescent lamps; |
25 | Portable electric spas; |
26 | Residential ventilating fans; |
27 | Showerheads; |
28 | Spray sprinkler bodies; |
29 | State-regulated general service lamps; |
30 | Urinals; |
31 | Water closets; |
32 | Water coolers; and |
33 | Any other products as may be designated by the commissioner in accordance with § 39- |
34 | 27.1-7. |
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1 | (b) The provisions of this chapter do not apply to: |
2 | (i) New products manufactured in the state and sold outside the state; |
3 | (ii) New products manufactured outside the state and sold at wholesale inside the state for |
4 | final retail sale and installation outside the state; |
5 | (iii) Products installed in mobile manufactured homes at the time of construction; or |
6 | (iv) Products designed expressly for installation and use in recreational vehicles. |
7 | 39-27.1-5. Standards. |
8 | (a) Not later than one year after the date of enactment of this chapter, the commissioner, in |
9 | consultation with other appropriate agencies, shall adopt rules and regulations establishing |
10 | minimum efficiency standards for the types of new products set forth in § 39-27.1-4. |
11 | (b) The regulations shall provide for the following minimum efficiency standards: |
12 | (i) Air purifiers, except industrial air purifiers, shall meet the following requirements as |
13 | measured in accordance with the ENERGY STAR Program Requirements Product Specification |
14 | for Room Air Cleaners, Version 2.0: |
15 | (A) Clean air delivery rate for smoke shall be thirty (30) or greater; |
16 | (B) For models with a clean air delivery rate for smoke less than one hundred (100), clean |
17 | air delivery rate per watt for smoke shall be greater than or equal to one and seven-tenths (1.7); |
18 | (C) For models with a clean air delivery rate for smoke greater than or equal to one hundred |
19 | (100) and less than one hundred fifty (150), clean air delivery rate per watt for smoke shall be |
20 | greater than or equal to one and nine-tenths (1.9); |
21 | (D) For models with a clean air delivery rate for smoke greater than or equal to one hundred |
22 | fifty (150), clean air delivery rate per watt for smoke shall be greater than or equal to two (2.0); |
23 | (E) For ozone-emitting models, measured ozone shall be less than or equal to fifty parts |
24 | per billion (50 ppb); |
25 | (F) For models with a Wi-Fi network connection enabled by default when shipped, partial |
26 | on mode power shall not exceed two (2) watts; and |
27 | (G) For models without a Wi-Fi network connection enabled by default when shipped, |
28 | partial on mode power shall not exceed one watt. |
29 | (H) Commercial dishwashers included in the scope of the ENERGY STAR Program |
30 | Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the |
31 | qualification criteria of that specification. |
32 | (I) Commercial fryers included in the scope of the ENERGY STAR Program Requirements |
33 | Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of |
34 | that specification. |
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1 | (J) Commercial hot-food holding cabinets shall meet the qualification criteria of the |
2 | ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding |
3 | Cabinets, Version 2.0. |
4 | (K) Commercial ovens included in the scope of the ENERGY STAR Program |
5 | Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the |
6 | qualification criteria of that specification. |
7 | (L) Commercial steam cookers shall meet the requirements of the ENERGY STAR |
8 | Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2. |
9 | (M) Computers and computer monitors shall meet the requirements of § 1605.3(v) of Title |
10 | 20 of the California Code of Regulations (C.C.R.) and compliance with those requirements shall |
11 | be as measured in accordance with test methods prescribed in § 1604(v) of those regulations. |
12 | (I)The rules shall define "computer" and "computer monitor" to have the same meaning as |
13 | set forth in 20 C.C.R. § 1602(v). |
14 | (c) The referenced portions of the C.C.R. shall be those adopted on or before the effective |
15 | date of this chapter. However, the commissioner shall have authority to amend the rules so that the |
16 | definitions of "computer" and "computer monitor" and the minimum efficiency standards for |
17 | computers and computer monitors conform to subsequently adopted modifications to the |
18 | referenced sections of the C.C.R. |
19 | (d) Faucets, except for metering faucets, shall meet the standards shown in this paragraph |
20 | when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of |
21 | Federal Regulations and compliance with those requirements shall be "Uniform Test Method for |
22 | Measuring the Water Consumption of Faucets and Showerheads" as in effect on January 1, 2020. |
23 | (e) Lavatory faucets and replacement aerators shall not exceed a maximum flow rate of |
24 | one and five-tenths gallons per minute (1.5 gpm) at sixty pounds per square inch (60 psi). |
25 | (f) Residential kitchen faucets and replacement aerators shall not exceed a maximum flow |
26 | rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds per square inch (60 psi), |
27 | with optional temporary flow of two and two-tenths gallons per minute (2.2 gpm), provided they |
28 | default to a maximum flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds |
29 | per square inch (60 psi) after each use. |
30 | (g) Public lavatory faucets and replacement aerators shall not exceed a maximum flow rate |
31 | of five-tenths gallons per minute (0.5 gpm) at sixty pounds per square inch (60 psi). |
32 | (h) Gas fireplaces shall comply with the following requirements: |
33 | (i) Gas fireplaces shall be capable of automatically extinguishing any pilot flame when the |
34 | main gas burner flame is established and when it is extinguished; |
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1 | (j) Gas fireplaces must prevent any ignition source for the main gas burner flame from |
2 | operating continuously for more than seven (7) days; |
3 | (k) Decorative gas fireplaces must have a direct vent configuration, unless marked for |
4 | replacement use only; and |
5 | (l) Heating gas fireplaces shall have a fireplace efficiency greater than or equal to fifty |
6 | percent (50%) when tested in accordance with CSA P.4.1-15, "Testing Method for Measuring |
7 | Annual Fireplace Efficiency." |
8 | (m) High CRI, cold temperature, and impact-resistant fluorescent lamps shall meet the |
9 | minimum efficacy requirements contained in Section 430.32(n)(4) of Title 10 of the Code of |
10 | Federal Regulations as in effect on January 1, 2020, as measured in accordance with Appendix R |
11 | to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations "Uniform Test Method for |
12 | Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color |
13 | Temperature (CCT) of Electric Lamps" as in effect on January 1, 2020. |
14 | (n) Portable electric spas shall meet the requirements of the "American National Standard |
15 | for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC 14-2019). |
16 | (o) In-line residential ventilating fans shall have a fan motor efficacy of no less than two |
17 | and eight-tenths (2.8) cubic feet per minute per watt. All other residential ventilating fans shall have |
18 | a fan motor efficacy of no less than one and four-tenths (1.4) cubic feet per minute per watt for |
19 | airflows less than ninety (90) cubic feet per minute and no less than two and eight-tenths (2.8) cubic |
20 | feet per minute per watt for other airflows when tested in accordance with Home Ventilation |
21 | Institute Publication 916 "HVI Airflow Test Procedure." |
22 | (p) Showerheads shall not exceed a maximum flow rate of two gallons per minute (2 gpm) |
23 | at eighty pounds per square inch (80 psi) when tested in accordance with Appendix S to Subpart B |
24 | of Part 430 of Title 10 of the Code of Federal Regulations and compliance with those requirements |
25 | shall be "Uniform Test Method for Measuring the Water Consumption of Faucets and |
26 | Showerheads" as in effect on January 1, 2020. |
27 | (q) Spray sprinkler bodies that are not specifically excluded from the scope of the |
28 | WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral |
29 | pressure regulator and shall meet the water efficiency and performance criteria and other |
30 | requirements of that specification. |
31 | (r) State-regulated general service lamps shall meet or exceed a lamp efficacy of forty-five |
32 | (45) lumens per watt, when tested in accordance with the federal test procedures for general service |
33 | lamps, prescribed in Section 430.23(gg) of Title 10 of the Code of Federal Regulations as in effect |
34 | on January 1, 2020. |
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1 | (s) Urinals and water closets, other than those designed and marketed exclusively for use |
2 | at prisons or mental health facilities, shall meet the standards shown in subsections (1) to (4) when |
3 | tested in accordance with Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal |
4 | Regulations "Uniform Test Method for Measuring the Water Consumption of Water Closets and |
5 | Urinals" as in effect on January 1, 2020, and water closets shall pass the waste extraction test for |
6 | water closets (Section 7.9) of the American Society of Mechanical Engineers (ASME) |
7 | A112.19.2/CSA B45.1-2018. Provided further: |
8 | (i) Wall-mounted urinals, except for trough-type urinals, shall have a maximum flush |
9 | volume of five-tenths (.5) gallons per flush. |
10 | (ii) Floor-mounted urinals, except for trough-type urinals, shall have a maximum flush |
11 | volume of five-tenths (.5) gallons per flush. |
12 | (iii) Water closets, except for dual-flush tank-type water closets, shall have a maximum |
13 | flush volume of one and twenty-eight hundredths (1.28) gallons per flush. |
14 | (iv) Dual-flush tank-type water closets shall have a maximum dual flush effective flush |
15 | volume of one and twenty-eight hundredths (1.28) gallons per flush. |
16 | (t) Water coolers included in the scope of the ENERGY STAR Program Requirements |
17 | Product Specification for Water Coolers, Version 2.0, shall have on mode with no water draw |
18 | energy consumption less than or equal the following values as measured in accordance with the |
19 | test requirements of that program: |
20 | (i) Sixteen hundredths (0.16 KWh) kilowatt-hours per day for cold-only units and cook |
21 | and cold units; |
22 | (ii) Eighty-seven hundredths (0.87 KWh) kilowatt-hours per day for storage type hot and |
23 | cold units; and |
24 | (iii) Eighteen hundredths (0.18 KWh) kilowatt-hours per day for on demand hot and cold |
25 | units. |
26 | 39-27.1-6. Implementation. |
27 | (a) On or after January 1, 2023, no new air purifier, cold temperature fluorescent lamp, |
28 | commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial |
29 | oven, commercial steam cooker, computer or computer monitor, faucet, gas fireplace, high CRI |
30 | fluorescent lamp, impact-resistant fluorescent lamp, portable electric spa, residential ventilating |
31 | fan, showerhead, spray sprinkler body, state-regulated general service lamp, urinal, water closet, or |
32 | water cooler may be sold or offered for sale, lease, or rent in the state unless the new product meets |
33 | the requirements of the standards provided in § 39-27.1-5. |
34 | (b) One year after the date upon which the sale or offering for sale of certain products |
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1 | becomes subject to the requirements of subsection(a) of this section, no such products may be |
2 | installed for compensation in the state unless the efficiency of the new product meets or exceeds |
3 | the efficiency standards provided in § 39-27.1-5. |
4 | 39-27.1-7. New and revised standards. |
5 | The commissioner may adopt regulations, to establish increased efficiency standards for |
6 | the products listed or incorporated in § 39-27.1-4. The commissioner may also establish standards |
7 | for products not specifically listed in § 39-27.1-4. In considering such new or amended standards, |
8 | the commissioner shall set efficiency standards upon a determination that increased efficiency |
9 | standards would serve to promote energy or water conservation in the state and would be cost |
10 | effective for consumers who purchase and use such new products, provided that no new or |
11 | increased efficiency standards shall become effective within one year following the adoption of |
12 | any amended regulations establishing such increased efficiency standards. |
13 | 39-27.1-8. Testing, certification, labeling, and enforcement. |
14 | (a) The manufacturers of products covered by this chapter shall test samples of their |
15 | products in accordance with the test procedures adopted pursuant to this chapter. The commissioner |
16 | may adopt updated test methods when new versions of test procedures become available. |
17 | (b) Manufacturers of new products covered by § 39-27.1-4 of this chapter shall certify to |
18 | the commissioner that such products are in compliance with the provisions of this chapter. Such |
19 | certifications shall be based on test results. The commissioner shall promulgate regulations |
20 | governing the certification of such products and shall coordinate with the certification programs of |
21 | other states and federal agencies with similar standards. |
22 | (c) Manufacturers of new products covered by § 39-27.1-4 of this chapter shall identify |
23 | each product offered for sale or installation in the state as in compliance with the provisions of this |
24 | chapter by means of a mark, label, or tag on the product and packaging at the time of sale or |
25 | installation. The commissioner shall promulgate regulations governing the identification of such |
26 | products and packaging, which shall be coordinated to the greatest practical extent with the labeling |
27 | programs of other states and federal agencies with equivalent efficiency standards. The |
28 | commissioner shall allow the use of existing marks, labels, or tags, which connote compliance with |
29 | the efficiency requirements of this chapter. |
30 | (d) The commissioner may test products covered by § 39-27.1-4. If products so tested are |
31 | found not to be in compliance with the minimum efficiency standards established under § 39-27.1- |
32 | 5, the commissioner shall: |
33 | (1) Charge the manufacturer of such product for the cost of product purchase and testing, |
34 | and |
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1 | (2) Make information available to the attorney general and the public on products found |
2 | not to be in compliance with the standards. |
3 | (e) With prior notice and at reasonable and convenient hours, the commissioner may cause |
4 | periodic inspections to be made of distributors or retailers of new products covered by § 39-27.1-4 |
5 | in order to determine compliance with the provisions of this chapter. The commissioner shall also |
6 | coordinate with the [head of building code administration] regarding inspections prior to occupancy |
7 | of newly constructed buildings containing new products that are also covered by chapter 27.3 of |
8 | title 23. |
9 | (f) The commissioner shall investigate complaints received concerning violations of this |
10 | chapter and shall report the results of such investigations to the attorney general. The attorney |
11 | general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, |
12 | distributor, or retailer, or any person who installs a product covered by this chapter for |
13 | compensation, who violates any provision of this chapter shall be issued a warning by the |
14 | commissioner for any first violation and subject to a civil penalty of up to one hundred dollars for |
15 | each offense. Repeat violations shall be subject to a civil penalty of not more than five hundred |
16 | dollars for each offense. Each violation shall constitute a separate offense, and each day that such |
17 | violation continues shall constitute a separate offense. Penalties assessed under this paragraph are |
18 | in addition to costs assessed under subsection (d) of this section. |
19 | (g) The commissioner may adopt such further regulations as necessary to ensure the proper |
20 | implementation and enforcement of the provisions of this chapter. |
21 | 39-27.1-9. Severability. |
22 | The provisions of this chapter shall be severable, and if the application of any clause, |
23 | sentence, paragraph, subdivision, section, or part of this chapter shall be adjudged by any court of |
24 | competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the |
25 | application of any other clause, sentence, paragraph, subdivision, section, or part of this chapter. |
26 | SECTION 2. 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- MINIMUM ENERGY AND WATER | |
EFFICIENCY STANDARDS | |
*** | |
1 | This act would establish efficiency standards for selected residential and commercial |
2 | products. |
3 | This act would take effect upon passage. |
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| LC001806 - Page 13 of 13 |