Prepared by the American Council for an Energy-Efficient Economy, Washington, DC, and the Appliance Standards Awareness Project, Boston, MA

Updated, September 2003

This model act sets specific, up-to-date standards on selected commercial and residential products based on widely used energy efficiency criteria such as the U.S. government’s Energy Star program and the most recent California standards. This model bill only includes products for which standards can be easily set by reference to existing programs. If you have questions regarding this model act or would like to receive the most up-to-date version, contact Andrew deLaski at the Appliance Standards Awareness Project by phone at (617) 363-9470 or email at [email protected].

An Act Establishing Minimum Energy Efficiency Standards for Certain Products Sold in the State

Section 1. General Purpose.

This Act establishes minimum efficiency standards for certain products sold or installed in the state.

Section 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 saving 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.

(C) Such efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid 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.

(D) Energy efficiency standards contribute to the economy of this state by helping to better balance energy supply and demand thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the state and local economy since energy bill savings can be spent on local goods and services.

Section 3. Definitions.

As used in this Act:

(A) “Ceiling fan” means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades.

(B) “Ceiling fan light kit” means equipment designed to provide light from a ceiling fan which can be:

(1) Integral, such that the equipment is hardwired to the ceiling fan; or

(2) Attachable, such that at the time of sale the equipment is not physically attached to the ceiling fan, but may be included inside the ceiling fan package at the time of sale or sold separately for subsequent attachment to the fan.

(C) “Commercial clothes washer” means a soft mount horizontal- or vertical-axis clothes washer that:

(1) Has a clothes container compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 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.

(D)

(1) “Commercial refrigerators and freezers” means refrigerators, freezers, or refrigerator-freezers designed for use by commercial or institutional facilities for the purpose of storing food products, ice, or other perishable items at specified temperatures that:

(a) Incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single package; and

(b) May be configured with either solid or transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet, or roll-through cabinet.

(2) This term does not include:

(a) Products with 85 cubic feet or more of internal volume;

(b) Walk-in refrigerators or freezers; or

(c) Consumer products that are federally regulated pursuant to 42 U.S. Code section 6291 and subsequent sections.

(E) “Commissioner” means the Commissioner of Consumer Protection <or the head of another appropriate implementing agency>.

(F) “Digital cable television box” means a device that acts as a tuner for cable television programming and converts digital signals received from a cable service provider to a signal usable by a television set.

(G) “Digital television converter box” means a device that receives and decodes digital broadcast signals for display by an analog television set, and is not a digital cable television box or wireless television receiver.

(H) “Illuminated exit sign” means an internally-illuminated sign that is designed to be permanently fixed in place to identify an 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.

(I) “Large packaged air-conditioning equipment” means packaged air-conditioning equipment having 240,000 Btu/hour or more of cooling capacity that is built as a package and shipped as a whole to end-user sites.

(J)

(1) “Low voltage dry-type distribution transformer” means a distribution transformer that:

(a) Has an input voltage of 600 volts or less;

(b) Is air-cooled;

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

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

(2) The term “low voltage dry-type transformer” does not include:

(a) transformers with multiple voltage taps, with the highest voltage tap equaling at least 20 percent more than the lowest voltage tap; or

(b) transformers, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, Uninterruptible Power System transformers, impedance transformers, harmonic transformers, regulating transformers, sealed and non-ventilating 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.

(K) “Multi-function device” means a physically integrated electronic device that has the core function of a digital cable television box and one or more additional functionalities, such as Internet access, personal digital recording, or video game operation.

(L) “Pass-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

(M) “Reach-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors or lids, but does not include roll-in or roll-through cabinets or pass-through cabinets.

(N) “Roll-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the unit.

(O) “Roll-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors on two sides of the cabinet that allow wheeled racks of product to be rolled through the unit.

(P) “Set-top box” means a digital cable television box, wireless television receiver, or digital television converter box.

(Q) “Torchiere” means a portable electric lamp with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below.

(R) “Traffic signal module” means a standard 8-inch (200mm) or 12-inch (300mm) traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation.

(S) “Transformer” means a device consisting of two or more coils of insulated wire that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.

(T) “Unit heater” means a self-contained, vented fan-type commercial space heater that uses natural gas, propane, or fuel oil 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. Code section 6291 and subsequent sections or any product that is a direct vent, forced flue heater with a sealed combustion burner.

(U) “Wireless television receiver” means a device used in conjunction with a dish antenna to receive satellite or other wireless television programming and that converts signals from a dish antenna for use by a television set.

Section 4. Scope.

(A) The provisions of this Act apply to the following types of new products sold, offered for sale, or installed in the state:

(1) Ceiling fans and ceiling fan light kits;

(2) Commercial clothes washers;

(3) Commercial refrigerators and freezers;

(4) Illuminated exit signs;

(5) Large packaged air-conditioning equipment;

(6) Low voltage dry-type distribution transformers;

(7) Set-top boxes;

(8) Torchieres;

(9) Traffic signal modules;

(10) Unit heaters; and

(11) Any other products as may be designated by the Commissioner in accordance with Section 7.

(B) The provisions of this Act 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.

Section 5. Efficiency Standards.

Not later than January 1, 2005, the Commissioner, in consultation with <heads of other appropriate agencies> shall adopt regulations, in accordance with the provisions of chapter <number of section in state law dealing with setting regulations>, establishing minimum efficiency standards for the types of new products set forth in Section 4. The regulations shall provide for the following minimum efficiency standards:

(A) Ceiling fans and ceiling fan light kits shall meet the Tier 1 criteria of Version 1.1 of the product specification contained in the “Energy Star Program Requirements for Residential Ceiling Fans” prescribed by the U.S. Environmental Protection Agency.

(B) Commercial clothes washers shall meet the requirements shown in Table P-3 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations that took effect on November 27, 2002.

(C) Commercial refrigerators and freezers shall meet the August 1, 2004 requirements shown in Table A-6 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations that took effect on November 27, 2002.

(D) Illuminated exit signs shall meet the Version 2.0 Energy Star Program performance requirements for illuminated exit signs prescribed by the U.S. Environmental Protection Agency.

(E) Large packaged air-conditioning equipment shall meet the Tier 2 efficiency levels of the “Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners” or “Minimum Equipment Efficiencies for Heat Pumps,” as appropriate, developed by the Consortium for Energy Efficiency, Boston, MA, as in effect on January 1, 2002.

(F) Low voltage dry-type distribution transformers shall meet the Class 1 efficiency levels for 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).

(G) Set-top boxes other than multi-function devices shall meet the Tier 1 criteria of the product specification of the U.S. Environmental Protection Agency’s “Energy Star Program Requirements for Set-top Boxes” that took effect on January 1, 2001.

(H) Torchieres shall consume not more than 190 watts and shall not be capable of operating with lamps that total more than 190 watts.

(I) Red and green 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, electrically-connected signal control interface devices and conflict monitoring systems. The Commissioner, in consultation with the (Secretary of Transportation), may exempt specific traffic signals from this requirement upon a determination that installing compliant signals would not be cost-effective on a life-cycle cost basis.

(J) Unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper.

Section 6. Implementation.

On or after January 1, 2006, no new commercial refrigerator or freezer, illuminated exit sign, large packaged air conditioning equipment, low voltage dry-type distribution transformer, torchiere, traffic signal module, or unit heater 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 Section 5. On or after January 1, 2007, no new ceiling fan, ceiling fan light kit, commercial clothes washer, or set-top box 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 Section 5.

On or after January 1, 2007, no new commercial refrigerator or freezer, illuminated exit sign, large packaged air conditioning equipment, low voltage dry-type distribution transformer, torchiere, traffic signal module, or unit heater may be installed in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to Section 5. On or after January 1, 2008, no new ceiling fan, ceiling fan light kit, commercial clothes washer, or set-top box may be installed in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to Section 5.

Section 7. New and Revised Standards.

The Commissioner may establish increased efficiency standards on the products listed in Section 4. The Commissioner may also establish standards for products not specifically listed in Section 4. In considering such new or amended standards, the Commissioner, in consultation with the <heads of other appropriate departments>, shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy conservation in the state and would be cost-effective for consumers who purchase and use such new products, provided no new or increased efficiency standards shall become effective within one year following the adoption of any amended regulations providing for such increased efficiency standards. The Commissioner may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S. Code 6297 (d)) for those products regulated by the federal government.

Section 8. Testing, Certification, Labeling, and Enforcement.

(A) The Commissioner, in consultation with <heads of other appropriate departments>, shall adopt procedures for testing the energy efficiency of the new products covered by Section 4 if such procedures are not provided for in the State Building Code. The Commissioner 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 manufacturers of such products shall cause samples of their products to be tested in accordance with the test procedures adopted pursuant to this Act or those specified in the State Building Code.

(B) Manufacturers of new products covered by Section 4 of this Act shall certify to the Commissioner that such products are in compliance with the provisions of this Act. The Commissioner shall promulgate regulations governing the certification of such products and may coordinate with the certification program of other states with similar standards.

(C) Manufacturers of new products covered by Section 4 of this Act shall identify each product offered for sale or installation in the state as in compliance with the provisions of this Act 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.

(D) The Commissioner may test products covered by Section 4. If products so tested are found not to be in compliance with the minimum efficiency standards established under Section 5, 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 public on products found not to be in compliance with the standards.

(E) The Commissioner may cause periodic inspections to be made of distributors or retailers of new products covered by Section 4 in order to determine compliance with the provisions of this Act. The Commissioner shall also coordinate with the <head of building code administration> regarding inspections for new products that are also covered by the State Building Code.

(F) The Commissioner shall investigate complaints received concerning violations of this Act and shall report the results of such investigations to the Attorney General. The Attorney General may institute proceedings to enforce the provisions of this Act. Any manufacturer, distributor, or retailer who violates any provision of this Act shall be issued a warning by the Commissioner for any first violation. Repeat violations shall be subject to a civil penalty of not more than two hundred fifty dollars. 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 paragraph (D) of this section.

(G) The Commissioner is hereby granted the authority to adopt such further regulations as necessary to insure the proper implementation and enforcement of the provisions of this Act.

Section 9. Severability of Provisions.

The provisions of this Act shall be severable and if the application of any clause, sentence, paragraph, subdivision, section, or part of this Act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the application of any other clause, sentence, paragraph, subdivision, section, or part of this Act.