2001 --

SECTION 1. Title 39 of the General Laws entitled "Public Utilities and Carriers" is hereby amended by adding thereto the following chapter:

CHAPTER 27
THE ENERGY AND CONSUMER SAVINGS ACT OF 2005

39-27-1. General purpose. – This act establishes energy and consumer savings by setting minimum efficiency standards for certain products sold or installed in the state.

39-27-2. Findings. – The legislature finds that:

(a) Efficiency standards for certain products sold or installed in the state assure consumers and businesses that such products meet minimum efficiency performance levels thus 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.

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

(a) "Automatic commercial ice-maker" means a factory-made assembly that is shipped in one or more packages that consists of a condensing unit and ice-making section operating as an integrated unit, that makes and harvests ice cubes, and that may store and dispense ice. This term includes machines with capacities between and including fifty (50) and two thousand five hundred (2,500) pounds per twenty-four (24) hours.

(b) "Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current and waveform) for starting and operating the lamp.

(c) "Ceiling fan" means a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades.

(d) "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.

(e) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes washer that:

(1) has a clothes container compartment no greater than three and a half (3.5) cubic feet in the case of a horizontal-axis product or no greater than four (4.0) cubic feet in the case of a vertical-axis product; and

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

(f) "Commercial pre-rinse spray valve" means a hand-held device designed and marketed for use with commercial dishwashing and ware washing equipment and which sprays water on dishes, flatware, and other food service items for the purpose of removing food residue prior to their cleaning.

(g) "Commercial refrigerator, freezer and refrigerator-freezer" means self-contained refrigeration equipment that:

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

(2) operates at a chilled, frozen, combination chilled/frozen, or variable temperature for the purpose of storing and/or merchandising food, beverages and/or ice;

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

(4) incorporates most components involved in the vapor compression cycle and the refrigerated compartment in a single cabinet.

This term does not include:

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

(2) walk-in refrigerators or freezers;

(3) units with no doors; or

(4) freezers specifically designed for ice cream.

(h) "Commissioner" means the director of the consumer protection unit in the department of the attorney general.

(i) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

(j) "Digital television adapter" means an electronic product for which the sole purpose is the conversion of digital video terrestrial broadcast signals to analog NTSC video signals for use by an analog device such as a television. This term does not include cable or satellite television set-top boxes.

(k) "Electricity ratio (ER)" is the ratio of furnace electricity use to total furnace energy use. ER = (3.412*EAE)/(1000*EF + 3.412* EAE) where EAE and EF are defined in 10 CFR Part 430.

(l) "Boiler" means a space heater that is a self-contained appliance for supplying steam or hot water primarily intended for space-heating and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, of home heating oil, and which:

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

(2) has a heat input rate of less than three hundred thousand (300,000) Btu per hour.

(3) is not an appliance designed for the primary purpose of supplying hot water for purposes other than heating.

(m) "Furnace" means a self-contained space heater designed to supply heated air through ducts of more than ten (10) inches length and which utilizes only single-phase electric current or single-phase electric current or DC current in conjunction with natural gas, propane or home heating oil, and which:

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

(2) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above sixty-five thousand (65,000) Btu per hour;

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

(n) "Furnace air handler" means the section of the furnace that includes the fan, blower, filter (usually), and housing, generally upstream of the burners and heat exchanger. In many residential applications, the air handler includes a cooling coil.

(o) "High intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three (3) watts per square centimeter.

(p) "Illuminated exit sign" means an internally-illuminated sign that is designed to be permanently fixed in place to identify a building exit and consists of an electrically powered integral light source that illuminates the legend "EXIT" and any directional indicators and provides contrast between the legend, any directional indicators and the background.

(q) "Large packaged air-conditioning equipment" means electronically-operated, air-cooled air-conditioning and air-conditioning heat pump equipment having cooling capacity greater than or equal to two hundred forty thousand (240,000) Btu/hour but less than seven hundred sixty thousand (760,000) Btu/hour that is built as a package and shipped as a whole to end-user sites.

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

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

(2) is air-cooled;

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

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

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

(1) has an input voltage of more than six hundred (600) but less than thirty-four thousand five hundred (34,500) volts;

(2) is air-cooled;

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

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

(t) "Mercury vapor lamp" means a high-intensity discharge lamp in which the major portion of the light is produced by radiation from mercury operating at a partial pressure in excess of one hundred thousand (100,000) PA (approximately 1 atm). Includes clear, phosphor-coated and self-ballasted lamps.

(u) "Metal halide lamp" means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

(v) "Metal halide lamp fixture" means a lamp fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

(w) "Probe-start metal halide ballast" means a ballast used to operate metal halide lamps which does not contain an ignitor and which instead starts lamps by using a third staring electrode "probe" in the arc tube.

(x) "Pulldown refrigerator" means a commercial refrigerator specifically designed to rapidly reduce all integrated product temperatures from ninety (90) degrees F to thirty-eight (38) degrees F over a twelve (12) hour period (i.e. a reduction of four and three tenths (4.3) degrees F per hour) when fully loaded with beverage containers.

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

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

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

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

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

(5) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord or other wiring;

(6) does not have batteries or battery packs, including those that are removable, that physically attach directly to the power supply unit;

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

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

(z) "State-regulated incandescent reflector lamp" means a lamp which is not colored or designed for rough or vibration service applications, that has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, and a rated voltage or voltage range that lies at least partially within one hundred fifteen (115) to one hundred thirty (130) volts, and that falls into one of the following categories:

(1) a bulged reflector (BR) or elliptical reflector (ER) bulb shape and which has a diameter which equals or exceeds two and a quarter (2.25) inches;

(2) a reflector (R) or parabolic aluminized reflector (PAR) or similar bulb shape and which has a diameter of two and a quarter (2.25) to two and three-quarters (2.75) inches.

(aa) "Torchiere" means a portable electric lighting fixture with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. A torchiere may include downward directed lamps in addition to the upward, indirect illumination.

(bb) "traffic signal module" means a standard eight (8) inch (two hundred millimeter (200 mm)) or twelve (12) inch (three hundred millimeter (300 mm)) traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation.

(cc) "Transformer" means a device consisting of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value. The term "transformer does not include:

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

(2) transformers, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and nonventilating transformers, machine tool transformers, welding transformers, grounding transformers, or testing transformers, that are designed to be used in a special purpose application and are unlikely to be used in general purpose applications.

(dd) "Unit heater" means a self-contained, vented fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space, except that such term does not include any products covered by federal standards established pursuant to 42 U.S. Code section 6291 and subsequent sections or any product that is a direct vent, forced flue heater with a sealed combustion burner.

39-27-4. Scope. – (a) The provisions of this chapter apply to the following types of new products sold, offered for sale or installed in the state:

(1) automatic commercial ice makers;

(2) ceiling fans and ceiling fan light kits;

(3) commercial clothes washers;

(4) commercial pre-rinse spray valves;

(5) commercial refrigerators and freezers;

(6) digital television adapters;

(7) furnaces;

(8) furnace air handlers;

(9) high-intensity discharge lamp ballasts;

(10) illuminated exit signs;

(11) large packaged air-conditioning equipment;

(12) low voltage dry-type distribution transformers;

(13) medium voltage dry-type distribution transformers;

(14) metal halide lamp fixtures;

(15) single-voltage external AC to DC power supplies;

(16) state-regulated incandescent reflector lamps;

(17) torchieres;

(18) traffic signal modules;

(19) unit heaters; and

(20) any other products as may be designated by the commissioner in accordance with section 39-27-7.

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

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

(2) new products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state;

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

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

39-27-5. Efficiency standards. – (a) Not later than June 1, 2006, the commissioner, in consultation with the state building commissioner, shall adopt regulations, in accordance with the provisions of chapter 42-35, establishing minimum efficiency standards for the types of new products set forth in section 39-27-4. The regulations shall provide for the following minimum efficiency standards:

(1) Automatic commercial ice makers shall meet the energy efficiency requirements shown in table A-7 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations as adopted on December 15, 2004.

(2) Ceiling fans shall have:

(A) lighting controls separate from fan speed controls;

(B) adjustable speed controls (either more than one speed or variable speeds);

(D) fans designed for applications where safety standards would be violated by use of the reversible mode.

(3) Ceiling fan light kits shall:

(A) meet the requirements of the U.S. Environmental Protection Agency's Energy Star Program for residential light fixtures (version 3.1) and be packaged with lamps to fill all sockets;

(B) be packaged with screw-based compact fluorescent lamps to fill all sockets, with such lamps meeting the Energy Star Program requirements for compact fluorescent lamps (version 3.0); or

(C) use and be packaged with light sources, other than compact fluorescent lamps, that meet the minimum efficacy requirements (as measured in lumens per watt) of the Energy Star Program requirements for compact fluorescent lamps (version 3.0).

(4) Commercial clothes washers shall meet the requirements shown in Table P-4 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations in effect on December 15, 2004.

(5) Commercial pre-rinse spray valves shall have a flow rate equal to or less than 1.6 gallons per minute.

(6) Commercial refrigerators, freezers and refrigerator-freezers shall meet the minimum efficiency 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 as adopted on December 15, 2004 except that pulldown refrigerators with transparent doors shall meet a requirement five percent (5%) less stringent than shown in the California regulations.

(7) Digital television adapters shall not use more than one watt in standby-passive mode and shall not use more than eight (8) watts in on mode.

(8) Furnaces and boilers shall meet or exceed the following Annual Fuel Utilization Efficiency (AFUE) values:

Product Type		Minimum Efficiency Level
	Natural gas and propane-fired furnaces	90% AFUE
	Oil-fired furnaces	83% AFUE
	Natural gas and propane-fired hot water boilers	84% AFUE
	Oil-fired hot water boilers	84% AFUE
	Natural gas and propane-fired steam boilers	82% AFUE
	Oil-fired steam boilers	82% AFUE

The commissioner may adopt rules to exempt compliance with said furnace or boiler standards at any building, site or location where complying with said standards would be in conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of boilers or furnaces.

(9) Furnace air handlers shall have an ER of two (2.0) or less except air handlers for oil-fired furnaces with a capacity of less than ninety-four thousand (94,000) Btu per hour shall have an ER of two and three-tenths (2.3) or less.

(10) High-intensity discharge lamp ballasts shall not be capable of operating a mercury vapor lamp.

(11) Illuminated exit signs shall have an input power demand of five (5) watts or less per illuminated face.

(12) Large packaged air-conditioning equipment shall meet a minimum energy efficiency ratio of:

(a) 10:0 for air conditioning without an integrated heating component or with electric resistance heating integrated into the unit;

(b) 9:8 for air conditioning with heating other than electric resistance integrated into the unit;

(c) 9:5 for air conditioning with heating other than electric resistance integrated heating component or with electric resistance heating integrated into the unit;

(d) 9:3 for air conditioning heat pump equipment with heating other than electric resistance integrated into the unit. Large packaged air conditioning heat pumps shall meet a minimum coefficient of performance in the heating mode of three and two tenths (3.2) (measured at a high temperature rating of forty-seven (47) degrees F db).

(13) Low voltage dry-type distribution transformers shall meet the Class 1 efficiency levels for low voltage distribution transformers specified in Table 402 of the "Guide for Determining Energy Efficiency for Distribution Transformers" published by the National Electrical manufacturers Association (NEMA Standard TP-1-2002).

(14) Medium voltage dry-type distribution transformers shall meet minimum efficiency levels three-tenths (.3) of a percentage point higher than the Class 1 efficiency levels for medium voltage distribution transformers specified in Table 4-2 of the "Guide for Determining Energy Efficiency for Distribution Transformers" published by the National Electrical Manufacturers Association (NEMA Standard TP-1-2002).

(15) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to one hundred fifty (150) watts but less than or equal to five hundred (500) watts shall not contain a probe-start metal halide lamp ballast.

(16) Single-voltage external AC to DC power supplies shall meet the tier one energy efficiency requirements shown in Table U-1 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations as adopted on December 15, 2004. This standard applies to single voltage AC to DC power supplies that are sold individually and to those that are sold as a component of or in conjunction with another product.

(17) State-regulated incandescent reflector lamps shall meet the minimum average lamps efficacy requirements for federally-regulated incandescent reflector lamps contained in 42 U.S. Code 6295 (i)(1)(A). Fifty (50) watt elliptical reflector (ER) lamps are exempted from these requirements.

(18) Torchieres shall not use more than one hundred ninety (190) watts. A torchiere shall be deemed to use more than one hundred ninety (190) watts if any commercially available lamp or combination of lamps can be inserted in its socket(s) and cause the torchiere to draw more than one hundred ninety (190) watts when operated at full brightness.

(19) Traffic signal modules shall meet the product specification of the "Energy Star Program Requirements for Traffic Signals" developed by the U.S. Environmental Protection Agency that took effect in February 2001 and shall be installed with compatible, electronically-connected signal control interface devices and conflict monitoring systems.

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

39-27-6. Implementation. – (a) On or after January 1, 2007, no new ceiling fan, ceiling fan light kit, commercial clothes washer, commercial pre-rinse spray valve, digital television adapter, high-intensity discharge lamp ballast, illuminated exit sign, low voltage dry-type distribution transformer, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, 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 39-27-5. On or after January 1, 2008, no new automatic commercial ice maker, medium voltage dry-type distribution transformer or metal halide lamp fixture 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 39-27-5. On or after January 1, 2010, no new commercial refrigerator or freezer or large packaged air conditioning equipment 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 39-27-5.

(b) No later than June 1, 2006, the commissioner, in consultation with the attorney general, shall determine if implementation of state standards for furnaces an/or furnace air handlers requires a waiver from federal preemption. If the commissioner determines that a waiver form federal preemption is not needed for furnaces, furnace air handlers or both, then such state standards shall go into effect on June 1, 2008. If the commissioner determines that a waiver from federal preemption is required for furnaces, furnace air handlers or both, then the commissioner shall apply for such waiver within one year of such determination and the applicable standards shall go into effect at the earliest date permitted by federal law.

(c) One year after the date upon which sale or offering for sale of certain products is limited pursuant to paragraph (a) or (b) of this section, no new products may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to section 39-27-5.

39-27-7. New and revised standards. – The commissioner may adopt regulations, in accordance with the provisions of chapter 42-35, to established increased efficiency standards for the products listed in section 39-27-4. The commissioner may also establish standards for products not specifically listed in section 39-27-4. 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, that no new or increased efficiency standards shall become effective within one year following the adoption of any amended regulations establishing such increased efficiency standards. The commissioner may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S. Code 6297 (d)) for state efficiency standards for any product regulated by the federal government.

39-27-8. Testing, certification, labeling and enforcement. – (a) The manufacturers of products covered by the chapter shall test samples of their products in accordance with the test procedures adopted pursuant to this chapter or those specified in the State Building Code. The commissioner, in consultation with the state building commissioner, shall adopt test procedures for determining the energy efficiency of the products covered by section 39-27-4 if such procedures are not provided for in this section 39-27-5 of this chapter or in the State Building Code. The commissioner shall adopt U.S. Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods. The commissioner may adopt updated test methods when new versions of test procedures become available.

(b) Manufacturers of new products covered by section 39-27-4 of the chapter, except for single voltage external AC to DC power supplies, shall certify to the commissioner that such products are in compliance with the provisions of the chapter. Such certifications shall be based on test results. The commissioner shall promulgate regulations governing the certification of such products and may coordinate with the certification programs of other states and federal agencies with similar standards.

(c) Manufacturers of new products covered by section 39-27-4 of this chapter shall identify each product offered for sale or installation in the state as in compliance with the provisions of this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The commissioner shall promulgate regulations governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards.

(d) The commissioner may test products covered by section 39-27-4. If the products so tested are found not to be in compliance with the minimum efficiency standards established under section 39-27-5, 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 incompliance with the standards.

(e) With prior notice and at reasonable and convenient hours, the commissioner may cause periodic inspections to be made of distributors or retailers of new products covered by section 39-27-4 in order to determine compliance with the provisions of this chapter. The commissioner shall also coordinate in accordance with section 23-27.3-111.7 regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the State Building Code.

(f) The commissioner shall investigate complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, distributor or retailer who violates any provision of this chapter 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 ($250). 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 chapter.

39-27-9. Severability of provisions. – The provisions of this chapter shall be severable and if the application of any clause, sentence, paragraph, subdivision, section or part of this chapter 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 chapter.

SECTION 2. This act shall take effect upon passage.

	STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2005
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