2006 -- H 7610

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LC00780

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

____________

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- ENERGY AND CONSUMER

SAVINGS ACT OF 2006

     Introduced By: Representatives Handy, Ginaitt, Long, Lewiss, and Fox

     Date Introduced: February 16, 2006

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

hereby amended to read as follows:

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

Island State Energy Office.

1-14

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

1-15

washer that:

1-16

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

1-17

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

1-18

vertical-axis product; and

2-1

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

2-2

apartments or coin laundries.

2-3

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

2-4

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

2-5

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

2-6

prior to their cleaning.

2-7

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

2-8

refrigeration equipment that:

2-9

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

2-10

subsequent sections;

2-11

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

2-12

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

2-13

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

2-14

hinged and sliding doors; and

2-15

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

2-16

refrigerated compartment in a single cabinet.

2-17

      This term does not include:

2-18

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

2-19

      (2) Walk-in refrigerators or freezers;

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      (3) Units with no doors; or

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      (4) Freezers specifically designed for ice cream.

2-22

      (g) "Commission" means the Rhode Island Public Utilities Commission.

2-23

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

2-24

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

2-25

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

2-26

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

2-27

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

2-28

watts per square centimeter.

2-29

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

2-30

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

2-31

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

2-32

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

2-33

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

2-34

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

3-1

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

3-2

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

3-3

end-user sites.

3-4

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

3-5

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

3-6

      (2) Is air-cooled;

3-7

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

3-8

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

3-9

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

3-10

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

3-11

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

3-12

and self-ballasted lamps.

3-13

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

3-14

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

3-15

possibly in combination with metallic vapors.

3-16

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

3-17

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

3-18

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

3-19

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

3-20

"probe" in the arc tube.

3-21

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

3-22

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

3-23

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

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less.

3-25

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

3-26

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

3-27

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

3-28

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

3-29

the primary power load;

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

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

3-32

electrical connection, cable, cord or other wiring;

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

3-34

physically attach directly to the power supply unit;

4-1

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

4-2

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

4-3

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

4-4

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

4-5

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

4-6

      (t) "Traffic signal module" means a standard eight (8) inch (two hundred millimeter (200

4-7

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

4-8

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

4-9

      (u) "Transformer" means a device consisting of two or more coils of insulated wire and

4-10

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

4-11

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

4-12

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

4-13

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

4-14

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

4-15

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

4-16

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

4-17

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

4-18

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

4-19

purpose applications.

4-20

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

4-21

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

4-22

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

4-23

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

4-24

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

4-25

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

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water primarily designed for space heating.

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

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as the source of potable water.

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

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Island State Energy Office.

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     (f) "Commercial boiler" means a boiler with a heat input rate of 300,000 Btu per hour or

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more that is shipped complete with heating equipment, mechanical draft equipment, and

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automatic controls. "Commercial Boiler" includes a factory-built boiler manufactured as a unit or

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system, disassembled for shipment, and reassembled at the site of installation.

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

5-2

washer that:

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

5-4

in the case of a horizontal-axis product or no greater than four (4) cubic feet in the case of a

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vertical-axis product; and

5-6

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

5-7

apartments or coin laundries.

5-8

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

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

5-10

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

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

5-12

and-hold appliances.

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

5-14

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

5-15

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

5-16

their cleaning.

5-17

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

5-18

refrigeration equipment that:

5-19

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

5-20

subsequent sections;

5-21

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

5-22

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

5-23

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

5-24

hinged and sliding doors; and

5-25

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

5-26

refrigerated compartment in a single cabinet.

5-27

     This term does not include:

5-28

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

5-29

     (2) walk-in refrigerators or freezers;

5-30

     (3) units with no doors; or

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     (4) freezers specifically designed for ice cream.

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     (k) "Commission" means the Rhode Island Public Utilities Commission.

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     (l) "Compact audio product," also known as a mini, mid, micro, or shelf audio system,

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means an integrated audio system encased in a single housing that includes an amplifier and radio

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tuner, attached or separable speakers, and can reproduce audio from one or more of the following

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media: magnetic tape, CD, DVD, or flash memory. 'Compact audio product" does not include

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products that can be independently powered by internal batteries or that have a powered external

6-4

satellite antenna, or that can provide a video output signal.

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

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

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     (n) "Digital versatile disc" and "DVD" mean a laser-encoded plastic medium capable of

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storing a large amount of digital audio, video, and computer data.

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     (o) "Digital versatile disc player" and "digital versatile disc recorder" mean

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commercially-available electronic products encased in a single housing that includes an integral

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power supply and for which the sole purpose is, respectively;

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     (1) the decoding; and

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     (2) production or recording of digitized video signal on a DVD. "DVD recorder" does not

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include models that have an electronic programming guide function that provides an interactive,

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onscreen menu of television listings, and that downloads program information from the vertical

6-16

blanking interval of a regular television signal.

6-17

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

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

6-19

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

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

6-21

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

6-22

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

6-23

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

6-24

watts per square centimeter.

6-25

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

6-26

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

6-27

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

6-28

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

6-29

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

6-30

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

6-31

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

6-32

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

6-33

end-user sites.

6-34

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

7-1

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

7-2

     (2) is air-cooled;

7-3

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

7-4

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

7-5

     (t) "Medium voltage dry-type distribution transformer" means a transformer that:

7-6

     (1) has an input voltage of more than six hundred (600) volts but less than or equal to

7-7

thirty four thousand five hundred (34,500) volts;

7-8

     (2) is air-cooled;

7-9

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

7-10

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

7-11

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

7-12

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

7-13

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

7-14

and self-ballasted lamps.

7-15

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

7-16

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

7-17

in combination with metallic vapors.

7-18

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

7-19

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

7-20

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

7-21

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

7-22

"probe" in the arc tube.

7-23

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

7-24

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

7-25

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

7-26

less.

7-27

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

7-28

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

7-29

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

7-30

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

7-31

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

7-32

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

7-33

home heating oil, and which:

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

8-1

residences;

8-2

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

8-3

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

8-4

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

8-5

hour.

8-6

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

8-7

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

8-8

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

8-9

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

8-10

the primary power load;

8-11

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

8-12

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

8-13

electrical connection, cable, cord or other wiring;

8-14

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

8-15

physically attach directly to the power supply unit;

8-16

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

8-17

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

8-18

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

8-19

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

8-20

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

8-21

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

8-22

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

8-23

reflector (ER) bulb shape with a diameter equal to or greater than two and one quarter (2.25)

8-24

inches; or a reflector (R), parabolic aluminized reflector (PAR) or similar bulb shape with a

8-25

diameter of two and one quarter (2.25) to two and three quarter (2.75) inches, inclusive.

8-26

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

8-27

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

8-28

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

8-29

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

8-30

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

8-31

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

8-32

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

8-33

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

8-34

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

9-1

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

9-2

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

9-3

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

9-4

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

9-5

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

9-6

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

9-7

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

9-8

purpose applications.

9-9

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

9-10

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

9-11

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

9-12

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

9-13

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

9-14

     (hh) "Walk-in refrigerator" and "walk-in freezer" mean a space refrigerated to

9-15

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

9-16

into.

9-17

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

9-18

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

9-19

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

9-20

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

9-21

     (1) Automatic commercial ice makers;

9-22

     (2) Commercial clothes washers;

9-23

     (3) Commercial pre-rinse spray valves;

9-24

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

9-25

     (5) High-intensity discharge lamp ballasts;

9-26

     (6) Illuminated exit signs;

9-27

     (7) Large packaged air-conditioning equipment;

9-28

     (8) Low voltage dry-type distribution transformers;

9-29

     (9) Metal halide lamp fixtures;

9-30

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

9-31

     (11) Torchieres;

9-32

     (12) Traffic signal modules; and

9-33

     (13) Unit heaters.

9-34

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

10-1

offered for sale or installed in the state:

10-2

     (1) bottle-type water dispensers;

10-3

     (2) commercial boilers;

10-4

     (3) commercial hot food holding cabinets;

10-5

     (4) compact audio products;

10-6

     (5) digital versatile disc players and digital versatile disc recorders;

10-7

     (6) medium voltage dry-type distribution transformers;

10-8

     (7) residential furnaces and residential boilers;

10-9

     (8) state-regulated incandescent reflector lamps; and

10-10

     (9) walk-in refrigerators and walk-in freezers.

10-11

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

10-12

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

10-13

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

10-14

for final retail sale and installation outside the state;

10-15

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

10-16

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

10-17

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

10-18

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

10-19

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

10-20

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

10-21

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

10-22

efficiency standards:

10-23

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

10-24

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

10-25

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

10-26

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

10-27

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

10-28

Appliance Efficiency Regulations in effect on December 15, 2004.

10-29

      (3) Commercial pre-rinse spray valves shall have a flow rate equal to or less than 1.6

10-30

gallons per minute.

10-31

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

10-32

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

10-33

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

10-34

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

11-1

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

11-2

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

11-3

a mercury vapor lamp.

11-4

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

11-5

illuminated face.

11-6

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

11-7

ratio of:

11-8

      (A) 10.0 for air conditioning without an integrated heating component or with electric

11-9

resistance heating integrated into the unit;

11-10

      (B) 9.8 for air conditioning with heating other than electric resistance integrated into the

11-11

unit;

11-12

      (C) 9.5 for air conditioning with heating other than electric resistance integrated heating

11-13

component or with electric resistance heating integrated into the unit;

11-14

      (D) 9.3 for air conditioning heat pump equipment with heating other than electric

11-15

resistance integrated into the unit. Large packaged air conditioning heat pumps shall meet a

11-16

minimum coefficient of performance in the heating mode of three and two tenths (3.2) (measured

11-17

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

11-18

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

11-19

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

11-20

Determining Energy Efficiency for Distribution Transformers" published by the National

11-21

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

11-22

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

11-23

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

11-24

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

11-25

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

11-26

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

11-27

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

11-28

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

11-29

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

11-30

another product.

11-31

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

11-32

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

11-33

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

11-34

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

12-1

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

12-2

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

12-3

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

12-4

connected signal control interface devices and conflict monitoring systems.

12-5

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

12-6

either power venting or an automatic flue damper.

12-7

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

12-8

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

12-9

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

12-10

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

12-11

provide for the following minimum efficiency standards:

12-12

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

12-13

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

12-14

measured in accordance with the test criteria contained in version 1 of the U.S. Environmental

12-15

Protection Agency's "Energy Star Program/Requirements for Bottled Water Coolers," except

12-16

units with an integral, automatic timer shall not be tested using Section D, "Timer Usage," of the

12-17

test criteria.

12-18

     (2) The thermal efficiency of commercial boilers, as determined in accordance with

12-19

Hydronics Institute Testing Standard BTS 2000, "Method to Determine Efficiency of

12-20

Commercial Space Heating Boilers", shall be not less than the following:

12-21

     (i) Eighty percent (80%) for gas-fired commercial boilers;

12-22

     (ii) Eighty-two (82%) for oil-fired commercial boilers.

12-23

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

12-24

(40) watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" on

12-25

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

12-26

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

12-27

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

12-28

2003.

12-29

     (4) Compact audio products shall not use more than two (2) watts in standby-passive

12-30

mode for those without a permanently illuminated clock display and four (4) watts in standby-

12-31

passive mode for those with a permanently illuminated clock display, as measured in accordance

12-32

with International Electrotechnical Commission (IEC) test method 62087:2002(E), "methods of

12-33

measurement for the power consumption of audio, video, and related equipment."

12-34

     (5) Digital versatile disc players and digital versatile disc recorders shall not use more

13-1

than three (3) watts in standby-passive mode, as measured in accordance with International

13-2

Electrotechnical Commission (IEC) test method 62087:2002(E), "methods of measurement for

13-3

the power consumption of audio, video, and related equipment."

13-4

     (6) Medium voltage dry-type distribution transformers shall meet minimum efficiency

13-5

levels three-tenths (.3) of a percentage point higher than the Class 1 efficiency levels for medium

13-6

voltage distribution transformers specified in Table 4-2 of the "Guide for Determining Energy

13-7

Efficiency for Distribution Transformers" published by the National Electrical Manufactures

13-8

Association (NEMA Standard TP-1-2002).

13-9

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

13-10

Fuel Utilization Efficiency (AFUE) and electricity ratio values.

13-11

     Product Type Minimum AFUE Maximum

13-12

      electricity ratio

13-13

     Natural gas and propane-

13-14

     fired furnaces 90% 2.0%

13-15

     Oil-fired furnaces >94,000

13-16

     Btu/hour in capacity 83% 2.0%

13-17

     Oil-fired furnaces <94,000

13-18

     Btu/hour in capacity 83% 2.3%

13-19

     Natural gas, oil, and

13-20

     propane-fired hot water

13-21

     residential boilers 84% Not applicable

13-22

     Natural gas, oil, and

13-23

     propane-fired steam

13-24

     residential boilers 82% Not applicable

13-25

     AFUE shall be measured in accordance with the federal test method for measuring the

13-26

energy consumption of furnaces and boilers contained in Appendix N to subpart B of part 430,

13-27

title 10, Code of Federal Regulations.

13-28

     (ii) The chief of energy and community services may adopt rules to exempt compliance

13-29

with the forgoing residential furnace or residential boiler AFUE standards at any building, site or

13-30

location where complying with said standards would be in conflict with any local zoning

13-31

ordinance, building or plumbing code, or other rule regarding installation and venting of

13-32

residential furnaces or residential boilers.

13-33

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

13-34

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

14-1

Code 6295 (i)(1)(A).

14-2

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

14-3

requirements:

14-4

     (I) lamps rated at fifty (50) watts or less of the following types: BR30, BR40, and ER40;

14-5

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

14-6

and

14-7

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

14-8

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

14-9

the table below shall include the required components shown.

14-10

     Motor Type Required Components

14-11

     All Interior lights: light sources with an efficacy of

14-12

45 lumens per watt or more, including ballast

14-13

      losses (if any). This efficacy standard does not

14-14

      apply to LED light sources until January 1,

14-15

2010.

14-16

     All Automatic door closers that firmly close all

14-17

reach-in doors

14-18

     All Automatic door closers that firmly close all

14-19

walk-in doors no wider than 3.9 feet and no

14-20

      higher than 6.9 feet that have been closed to

14-21

      within one inch of full closure.

14-22

     All Wall, ceiling, and door insulation at least R-28

14-23

for refrigerators and at least R-34 for freezers

14-24

14-25

     All Floor insulation at least R-28 for freezers (no

14-26

requirement for refrigerators)

14-27

14-28

     Condenser fan Electronically commutated motors,

14-29

     motors of under one Permanent split capacitor-type motors, or

14-30

     horsepower Polyphase motors of ½ horsepower or more

14-31

     Single-phase evaporator fan Electronically commutated motors

14-32

     motors of under one horsepower

14-33

     and less than 460 volts

14-34

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

15-1

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

15-2

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

15-3

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

15-4

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

15-5

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

15-6

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

15-7

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

15-8

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

15-9

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

15-10

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

15-11

     39-27-6. Implementation. -- (a) On or after January 1, 2007, no new commercial clothes

15-12

washer, commercial pre-rinse spray valve, high-intensity discharge lamp ballast, illuminated exit

15-13

sign, low voltage dry-type distribution transformer, single-voltage external AC to DC power

15-14

supply, torchiere, traffic signal module, or unit heater may be sold or offered for sale in the state

15-15

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

15-16

regulations adopted pursuant to section 39-27-5. On or after January 1, 2008, no new metal halide

15-17

lamp fixture bottle-type-water dispenser, commercial hot food holding cabinet, compact audio

15-18

product, metal halide lamp fixture, medium voltage dry-type transformers, state regulated

15-19

incandescent reflector lamp, or walk-in refrigerator or walk-in freezer may be sold or offered for

15-20

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

15-21

set forth in the regulations adopted pursuant to section 39-27-5. On or after January 1, 2010, no

15-22

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

15-23

large packaged air conditioning equipment may be sold or offered for sale in the state unless the

15-24

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

15-25

regulations adopted pursuant to section 39-27-5.

15-26

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

15-27

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

15-28

implementation of state standards for commercial boilers, residential furnaces and residential

15-29

boilers require a waiver from federal preemption. If the chief of energy and community services

15-30

determines that a waiver from federal preemption is not needed, then on or after January 1, 2008,

15-31

or the date which is one year after the date of said determination, if later, no new commercial

15-32

boiler, residential furnace or residential boiler may be sold or offered for sale in the state unless

15-33

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

15-34

regulations adopted pursuant to section 39-27-5. If the chief of energy and community services

16-1

determines that a waiver from federal preemption is required, then the chief of energy and

16-2

community services shall apply for such waiver within one year of such determination and upon

16-3

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

16-4

earliest date permitted by federal law.

16-5

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

16-6

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

16-7

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

16-8

regulations adopted pursuant to section 39-27-5.

16-9

     39-27-7. New and revised standards. -- The commission may adopt regulations, in

16-10

accordance with the provisions of chapter 35 of title 42, to establish increased efficiency

16-11

standards for the products listed in section 39-27-4. Upon receiving a written recommendation by

16-12

the chief, the commission shall hold a public hearing within six (6) months to consider

16-13

establishing standards for products not specifically listed in section 39-27-4. In considering such

16-14

amended or new standards, the commission, in consultation with the chief of energy and

16-15

community services, shall set efficiency standards upon a determination that increased efficiency

16-16

standards would serve to promote energy conservation in the state and would be cost-effective for

16-17

consumers who purchase and use such products; provided, that such increased efficiency

16-18

standards shall become effective within one year following the adoption of any amended

16-19

regulations establishing such increased efficiency standards.

16-20

     39-27-8. Testing, certification, and enforcement. -- (a) The manufacturers of products

16-21

covered by the chapter shall test samples of their products in accordance with the test procedures

16-22

adopted pursuant to this chapter or those specified in the State Building Code. The chief of

16-23

energy and community services, in consultation with the state building commissioner, shall adopt

16-24

test procedures for determining the energy efficiency of the products covered by section 39-27-4

16-25

if such procedures are not provided for in this section, section 39-27-5 of this chapter or in the

16-26

State Building Code, except that the test procedure for automatic commercial icemakers shall be

16-27

the test standard specified by the Air Conditioning and Refrigeration Institute Standard 810-2003,

16-28

as in effect on January 1, 2005. The chief of energy and community services shall use U.S.

16-29

Department of Energy approved test methods, or in the absence of such test methods, other

16-30

appropriate nationally recognized test methods. The chief of energy and community services may

16-31

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

16-32

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

16-33

single voltage external AC to DC power supplies, walk-in refrigerators and walk-in freezers shall

16-34

certify to the chief of energy and community services that such products are in compliance with

17-1

the provisions of this chapter. Such certifications shall be based on test results. The chief of

17-2

energy and community services shall promulgate regulations governing the certification of such

17-3

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

17-4

      (c) The chief of energy and community services may test products covered by section

17-5

39-27-4. If the products so tested are found not to be in compliance with the minimum efficiency

17-6

standards established under section 39-27-5, the chief of energy and community services shall:

17-7

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

17-8

and

17-9

      (2) Make information available to the public on products found not to be in compliance

17-10

with the standards.

17-11

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

17-12

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

17-13

products covered by section 39-27-4 in order to determine compliance with the provisions of this

17-14

chapter. The chief of energy and community services shall also coordinate in accordance with

17-15

section 23-27.3-111.7 regarding inspections prior to occupancy of newly constructed buildings

17-16

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

17-17

      (e) The chief of energy and community services shall investigate complaints received

17-18

concerning violations of this chapter. Any manufacturer, distributor or retailer who violates any

17-19

provision of this chapter shall be issued a warning by the chief of energy and community services

17-20

for any first violation. Repeat violations shall be subject to a civil penalty of not more than two

17-21

hundred fifty dollars ($250). Each violation shall constitute a separate offense, and each day that

17-22

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

17-23

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

17-24

     SECTION 2. This act shall take effect upon passage.

=======

LC00780

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- ENERGY AND CONSUMER

SAVINGS ACT OF 2006

***

18-1

     This act would establish minimum energy and consumer savings by setting efficiency

18-2

standards for certain products sold in the state.

18-3

     This act would take effect upon passage.

=======

LC00780

=======