2016 -- H 7700 | |
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LC004932 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2016 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - MINIMUM ENERGY AND | |
WATER EFFICIENCY STANDARDS | |
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Introduced By: Representatives Handy, Fogarty, O`Grady, Ackerman, and McKiernan | |
Date Introduced: February 24, 2016 | |
Referred To: House Environment and Natural Resources | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 140.5 |
4 | MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS |
5 | 42-140.5-1. General purpose. – This chapter establishes minimum efficiency standards |
6 | for certain products sold or installed in the state of Rhode Island. |
7 | 42-140.5-2. Legislative findings. – The legislature finds that: |
8 | (1) Efficiency standards for certain products sold or installed in the state assure |
9 | consumers and businesses that such products meet minimum efficiency performance levels, thus |
10 | reducing energy and water waste and saving money on utility bills. |
11 | (2) Efficiency standards save energy and thus reduce pollution and other environmental |
12 | impacts associated with the production, distribution, and use of electricity, natural gas, and other |
13 | fuels. |
14 | (3) Water efficiency standards save water and thus reduce the strain on the water supply. |
15 | Furthermore, improved water efficiency can reduce or delay the need for water and sewer |
16 | infrastructure improvements. |
17 | (4) Efficiency standards can make electricity systems more reliable by reducing the strain |
18 | on the grid during peak demand periods. Furthermore, improved efficiency can reduce or delay |
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1 | the need for new power plants, power transmission lines, and power distribution system upgrades. |
2 | (5) Efficiency standards contribute to the economy of this state by helping to better |
3 | balance supply and demand for both energy and water, thus reducing pressure that creates higher |
4 | natural gas, electricity, and water prices. By saving consumers and businesses money on utility |
5 | bills, efficiency standards help the state and local economy, since utility bill savings can be spent |
6 | on local goods and services. |
7 | 42-140.5-3. Definitions. – As used in this chapter: |
8 | (1) "'Arc power" means the entire output power of the ballast and delivered to all attached |
9 | lamps. |
10 | (2) "Commissioner" means the commissioner of the office of energy resources. |
11 | (3) "Commercial hot food holding cabinet" means a heated, fully-enclosed compartment |
12 | with one or more solid or transparent doors designed to maintain the temperature of hot food that |
13 | has been cooked using a separate appliance. "Commercial hot food holding cabinet" does not |
14 | include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances. |
15 | (4) "Compensation" means money or any other valuable thing, regardless of form, |
16 | received or to be received by a person for services rendered. |
17 | (5) "Deep-dimming fluorescent lamp ballast" means a fluorescent ballast that is capable |
18 | of operating lamps in dimmed operating modes at any number of levels at or below fifty percent |
19 | (50%) of full output. The term shall only apply to lamp ballasts designed to operate one, two (2), |
20 | three(3), or four (4) TS or T8 four foot (4') linear or U-shape fluorescent lamps. |
21 | (6) The following definitions refer to general service lamps: |
22 | (i) "Incandescent lamp" means a lamp in which light is produced by a filament heated to |
23 | incandescence by an electric current (including any tungsten-halogen lamp), and which has a |
24 | rated wattage of thirty (30) or greater and a rated voltage or voltage range that lies at least |
25 | partially within one hundred fifteen (115) and one hundred thirty (130) volts, but which does not |
26 | contain an inner reflective coating on the outer bulb to direct the light. |
27 | (ii) "General service incandescent lamp" means an incandescent lamp that: |
28 | (A) Has a medium, intermediate, or candelabra screw base; |
29 | (B) Has a lumen range of not less than three hundred and ten (310) lumens and not more |
30 | than three thousand three hundred (3300) lumens; |
31 | (C) Is capable of being operated at a voltage range at least partially within one hundred |
32 | and ten (110) and one hundred and thirty (130) volts; and |
33 | (D) Is not one of the following incandescent lamp types: |
34 | (I) An appliance lamp of forty (40) watts or less and no more than four hundred (400) |
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1 | lumens; |
2 | (II) A black light lamp; |
3 | (III) A bug lamp; |
4 | (IV) A colored lamp; |
5 | (V) An infrared lamp; |
6 | (VI) A marine lamp; |
7 | (VII) A marine signal service lamp; |
8 | (VIII) A plant light lamp; |
9 | (IX) A reflector lamp; |
10 | (X) A silver bowl lamp; |
11 | (XI) A showcase lamp; |
12 | (XII) A traffic signal lamp; |
13 | (XIII) A G shape lamp (as defined in ANSI C78.20-2003 and C79.1-2002) with a |
14 | diameter of five inches (5") or more; |
15 | (XIV) A T shape lamp (as defined in ANSI C78.20-2003 and C79.1-2002) and that uses |
16 | not more than forty (40) watts or has a length of more than ten inches (10"); and |
17 | (XV) A B, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamp (as defined in ANSI C79.1- |
18 | 2002 and ANSI C78.20-2003) of thirty (30) watts or less. |
19 | (iii) "Compact fluorescent lamp" means an integrally ballasted fluorescent lamp with a |
20 | medium screw base and a rated input voltage of one hundred and fifteen (115) to one hundred and |
21 | thirty (130) volts, which is designed as a direct replacement for a general service incandescent |
22 | lamp, but does not include any lamp specifically designed to be used in an application listed in |
23 | subsection 3(a)(6)(ii)(D) of this section. |
24 | (iv) "Light-emitting diode" or "LED" means a p-n junction solid state device the radiated |
25 | output of which is a function of the physical construction, material used, and exciting current of |
26 | the device. The output of a light-emitting diode may be in: |
27 | (A) The infrared region; |
28 | (B) The visible region; or |
29 | (C) The ultraviolet region. |
30 | (v) "General service lamp" means a |
31 | (A) General service incandescent lamp; |
32 | (B) Compact fluorescent lamp; or |
33 | (C) General service light-emitting diode lamp. |
34 | (7) The following definitions refer to high color rendering index fluorescent lamps: |
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1 | (i) "Fluorescent lamp" means a low pressure mercury electric-discharge source in which a |
2 | fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge |
3 | into light, and includes only the following: |
4 | (A) Any straight-shaped lamp (commonly referred to as four foot (4') medium bipin |
5 | lamps) with medium bipin bases of nominal overall length of forty-eight inches (48") and rated |
6 | wattage of twenty-five (25) or more. |
7 | (ii) "Color rendering index" or "CRI" means the measure of the degree of color-shift |
8 | objects undergo when illuminated by a light source as compared with the color of those same |
9 | objects when illuminated by a reference source of comparable color temperature. |
10 | (iii) "High color rendering index fluorescent lamp" means a fluorescent lamp with a color |
11 | rendering index of eighty-seven (87) or greater. |
12 | (8) "Input power" means the power provided to the ballast, typically line alternating- |
13 | current power as determined by Section 2.5.1.6 of 10 C.F.R. Part 430, Subpart 8, Appendix Q1 |
14 | (2015). |
15 | (9) "Maximum arc power" means the maximum amount of power a dimming ballast will |
16 | provide to lamps under normal operating conditions. It is the same power as the measured power |
17 | at one hundred percent (100%) arc power. |
18 | (10) "Plumbing fitting" means a device that controls and guides the flow of water in a |
19 | supply system. The following definitions apply to plumbing fittings: |
20 | (i) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet, or replacement |
21 | aerator for a lavatory or kitchen faucet. |
22 | (ii) "Flow rate" means the rate of water flow of a plumbing fitting. |
23 | (iii) "Public lavatory faucet" means a fitting intended to be installed in non-residential |
24 | bathrooms that are exposed to walk-in traffic. |
25 | (iv) "Replacement aerator" means an aerator sold as a replacement, separate from the |
26 | faucet to which it is intended to be attached. |
27 | (v) "Showerhead" means a device through which water is discharged for a shower bath |
28 | and includes a body sprayer and handheld showerhead, but does not include a safety showerhead. |
29 | (vi) "Water use" means the quantity of water flowing through a showerhead or faucet, at |
30 | point of use. |
31 | (11) "Plumbing fixture" means an exchangeable device, which connects to a plumbing |
32 | system to deliver and drain away water and waste. The following definitions apply to plumbing |
33 | fixtures: |
34 | (i) "Dual-flush effective flush volume" means the average flush volume of two (2) |
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1 | reduced flushes and one full flush. |
2 | (ii) "Trough-type urinal" means a urinal designed for simultaneous use by two (2) or |
3 | more persons. |
4 | (iii) "Dual-flush water closet" means a water closet incorporating a feature that allows the |
5 | user to flush the water closet with either a reduced or a full volume of water. |
6 | (iv) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys |
7 | the waste through a trap into a drainage system. |
8 | (v) "Water closet" means a plumbing fixture having a water-containing receptor that |
9 | receives liquid and solid body waste through an exposed integral trap into a drainage system. |
10 | (vi) "Water use" means the quantity of water flowing through a water closet or urinal at |
11 | point of use. |
12 | (12) "Portable electric spa" means a factory-built portable electric spa that can be either |
13 | cord- or non-cord-connected, supplied with equipment for heating and circulating water. |
14 | (13) The following definitions apply to room air cleaners: |
15 | (i) "Room air cleaner" means an electric-cord-connected, portable appliance with the |
16 | primary function of removing particulate matter from the air and which can be moved from room |
17 | to room. |
18 | (ii) "Combination product" means a room air cleaner that includes a secondary function, |
19 | other than air cleaning technology, within the same housing, such as a humidifier or dehumidifier. |
20 | (iii) "Ozone generator" means a device intended to reduce or eliminate microorganisms |
21 | within a room solely by means of introducing ozone into the room environment. |
22 | (iv) "Clean air delivery rate (CADR)" means the measure of the delivery of specified, |
23 | particulate-free air produced by a household electric, cord-connected room air cleaner. |
24 | (v) "Standby mode" means the lowest power consumption mode which cannot be |
25 | switched off (influenced) by the user and that may persist for an indefinite time when an air |
26 | cleaner unit is connected to the main electricity supply and used in accordance with the |
27 | manufacturer's instructions. |
28 | (vi) "Standby power" means the average power in standby mode, measured in Watts. |
29 | (14) The following definitions refer to water coolers: |
30 | (i) "Water cooler" means a freestanding (i.e., not wall mounted, under sink, or otherwise |
31 | building integrated) device that consumes energy to cool and/or heat potable water. |
32 | (A) "Cold only" units dispense cold water. |
33 | (B) "Hot and cold units" dispense both hot and cold water. Some units also offer room |
34 | temperature water. |
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1 | (C) "Cook and cold units" dispense both cold and room-temperature water. |
2 | (ii) "Storage-type" means thermally conditioned water is stored in a tank in the water |
3 | cooler and is available instantaneously. Point of use, dry storage compartment, and bottled water |
4 | coolers are included in this category. |
5 | (iii) "On demand" means the water cooler heats water as it is requested, which typically |
6 | takes a few minutes to deliver. |
7 | (iv) "On mode with no water draw" means a test that records the twenty-four (24) hour |
8 | energy consumption of a water cooler with no water drawn during the test period. This test was |
9 | formerly known as "standby." |
10 | (15) "Weighted ballast luminous efficacy" means the weighted average ballast luminous |
11 | efficacy as calculated by accepted industry standards. |
12 | 42-140.5-4. Scope. – (a) The provisions of this chapter apply to: |
13 | (1) Commercial hot food holding cabinets; |
14 | (2) Deep-dimming fluorescent lamp ballasts; |
15 | (3) Residential portable electric spas and residential exercise spas (also known as swim |
16 | spas) and portions of combination spas/swim spas that are used for bathing and are operated by a |
17 | private owner; |
18 | (4) Room air cleaners, except those that are combination products or ozone generators; |
19 | (5) Plumbing fittings including lavatory faucets, kitchen faucets that are consumer |
20 | products and faucet aerators; public lavatory faucets, and showerheads; |
21 | (6) Plumbing fixtures including urinals and water closets; |
22 | (7) Water coolers, including cold only units, hot and cold units, and cook and cold units, |
23 | but excluding units that provide pressurized water and are not freestanding, and air-source units, |
24 | and units with a water source other than bottled or tap water; |
25 | (8) High color rendering index fluorescent lamps; |
26 | (9) General service lamps; and |
27 | (10) Any other products as may be designated by the commissioner in accordance with |
28 | §42-140.5-7. |
29 | (b) The provisions of this chapter do not apply to: |
30 | (1) New products manufactured in the state and sold outside the state; |
31 | (2) New products manufactured outside the state and sold at wholesale inside the state for |
32 | final retail sale and installation outside the state; |
33 | (3) Products installed in mobile manufactured homes at the time of construction; or |
34 | (4) Products designed expressly for installation and use in recreational vehicles. |
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1 | 42-140.5-5. Standards. – (a) Not later than one year after the date of enactment of this |
2 | chapter, the director shall adopt regulations, in accordance with the provisions of chapter 35 of |
3 | title 42 (administrative procedures), establishing minimum efficiency standards for the types of |
4 | new products set forth in §42-104.5-4. |
5 | (b) The regulations shall provide for the following minimum efficiency standards: |
6 | (1) Commercial hot food holding cabinets with an interior volume of eight (8) cubic feet |
7 | or greater shall have a maximum idle energy rate of forty (40) watts per cubic foot of interior |
8 | volume, as determined by the "idle energy rate-dry test" in ASTM Standard F2140-11, "Test |
9 | Method for the Performance of Hot Food Holding Cabinets" published by ASTM International. |
10 | Interior volume shall be measured as prescribed in Version 2.0 of the ENERGY STAR program |
11 | product specifications for commercial hot food holding cabinets as in effect on October 1, 2011. |
12 | (2) Deep-Dimming Fluorescent Lamp Ballasts shall meet the following energy |
13 | conservation standards tested in accordance with accepted industry standards: |
14 | (i) Shall not consume more than 1 watt in standby mode; |
15 | (ii) Shall have a power factor of 0.9 or greater; and |
16 | (iii) Shall have a weighted ballast luminous efficacy greater than or equal to the threshold |
17 | described in the following equation: |
18 | Weighted Ballast Luminous Efficacy ≥ AP100 */AP100 x 1.091 + 7.55 |
19 | [*AP100 is shorthand for maximum arc power]. |
20 | (3) Portable electric spas shall meet the requirements of the "American National Standard |
21 | for Portable Electric Spa Energy Efficiency" (ANSl/APSP/ICC-14 2014) as in effect on |
22 | September 12, 2014. |
23 | (4) Room air cleaners shall meet the following requirements: |
24 | (i) Produce a minimum fifty (50) clean air delivery rate (CADR) for Dust; |
25 | (ii) Achieve calculated CADR/Watt equal to or greater than 2.0 CADR/Watt (Dust); |
26 | (iii) For ozone-emitting models, measured ozone shall be less than or equal to fifty parts |
27 | per billion (50 ppb); |
28 | (iv) Measured standby power shall be less than or equal to two (2) Watts; as measured in |
29 | accordance with the test criteria prescribed in Version 1.2 of the ENERGY STAR program |
30 | product specifications for room air cleaners as in effect on July 1, 2004. |
31 | (5) Plumbing fittings shall meet the following requirements: |
32 | (i) The flow rate of lavatory faucets, kitchen faucets, replacement aerators, and public |
33 | lavatory faucets shall be not greater than the applicable values shown in Table 1 in accordance |
34 | with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of |
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1 | the Code of Federal Regulations - "Uniform Test Method for Measuring the Water Consumption |
2 | of Faucets and Showerheads." |
3 | Table 1: Standards for faucets and aerators |
4 | Appliance Maximum Flow Rate |
5 | Lavatory faucets and aerators 1.2 gpm at 60 pounds per square inch (psi)1,2 |
6 | Kitchen faucets and aerators 1.8 gpm with optional temporary flow of 2.2 gpm at 60 psi |
7 | Public lavatory faucets and aerators 0.5 gpm at 60 psi |
8 | 1Sprayheads with independently-controlled orifices and manual controls. The maximum |
9 | flow rate of each orifice that manually turns on or off shall not exceed the maximum flow rate for |
10 | a lavatory faucet. |
11 | 2Sprayheads with collectively-controlled orifices and manual controls. The maximum |
12 | flow rate of a sprayhead that manually turns on or off shall be the product of (a) the maximum |
13 | flow rate for a lavatory faucet; and (b) the number of component lavatories (rim space of the |
14 | lavatory in inches (millimeters) divided by twenty inches (20") five hundred eight millimeters |
15 | (508 mm)). |
16 | (ii) The flow rate of showerheads shall not be greater than the applicable values shown in |
17 | Table 2 when tested in accordance with the following: |
18 | (A) Maximum flow rate test procedure prescribed in Appendix S to Subpart 8 of Part 430 |
19 | of Title 10 of the Code of Federal Regulations - "Uniform Test Method for Measuring the Water |
20 | Consumption of Faucets and Showerheads." |
21 | (B) Minimum flow rate test procedure prescribed in ASME A112.18.1-2012 / CSA |
22 | 8125.1-2012. Section 5.12. |
23 | (C) Showerheads with multiple nozzles shall be tested with all nozzles in use at the same |
24 | time. |
25 | Table 2: Standards for Showerheads |
26 | Appliance Maximum Flow Rate |
27 | Showerheads 2.0 gpm at 80 psi1,2,3 |
28 | 1The maximum flow rate shall be the highest value obtained through testing at a flowing |
29 | pressure of 80 ±1 psi and shall not exceed the maximum flow rate in Table 2. |
30 | 2Minimum flow rate. The minimum flow rate, determined through testing at a flowing |
31 | pressure of 20 ±1 psi, shall be not less than sixty percent (60%) of the flow rate reported by the |
32 | manufacturer pursuant to section 1606(a) of Title 20 of the California Code of Regulations. The |
33 | minimum flow rate determined through testing at flowing pressures of 45 and 80 ±1 psi shall be |
34 | not less than seventy-five percent (75%) of the flow rate in reported by the manufacturer pursuant |
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1 | to section (a) of Title 20 of the California Code of Regulations. |
2 | 3Showerheads with multiple nozzles. The total flow rate of showerheads with multiple |
3 | nozzles must be less than or equal to the maximum flow rate in Table 2 when all nozzles are in |
4 | use at the same time. |
5 | (6) Plumbing Fixtures shall meet the following requirements: |
6 | (i) The water consumption of urinals and water closets, other than those designed and |
7 | marketed exclusively for use at prisons or mental health care facilities, shall be no greater than |
8 | the values shown in subsections (b)(1)(i) through (b)(1)(iv) of this section when tested in |
9 | accordance with the: |
10 | (A) Water consumption test prescribed in Appendix T to Subpart 8 of Part 430 of Title 10 |
11 | of the Code of Federal Regulations - "Uniform Test Method for Measuring the Water |
12 | Consumption of Water Closets and Urinals," as in effect on September 1, 2015. |
13 | (B) Waste Extraction Test for water closets (Section 7.10) of ASME A112.19.2/CSA |
14 | 845.1-2013. |
15 | (I) Trough-type urinals shall have a maximum gallons per flush of: |
16 | Trough length (in inches)/16 |
17 | (II) Wall-mounted urinals shall have a maximum flush volume of 0.125 gallons per flush. |
18 | Other urinals shall have a maximum flush volume of 0.5 gallons per flush. |
19 | (III) Water closets, except for dual flush tank-type water closets, shall have a maximum |
20 | flush volume of 1.28 gallons per flush. |
21 | (IV) Dual flush tank-type water closets shall have a maximum effective flush volume of |
22 | 1.28 gallons per flush. |
23 | (7) Water coolers shall have on mode with no water draw energy consumption less than |
24 | or equal to: |
25 | (i) 0.16 kilowatt-hours per day for cold only and cook and cold units; |
26 | (ii) 0.87 kilowatt-hours per day, for hot and cold units - storage type; and |
27 | (iii) 0.18 kilowatt-hours per day, for hot and cold units - on demand, as measured in |
28 | accordance with the test criteria prescribed in version 2.0 of the ENERGY STAR program |
29 | product specifications for water coolers as in effect on February 1, 2014. |
30 | (8) High color rendering index fluorescent lamps shall meet or exceed the following lamp |
31 | efficacy standards, when tested in accordance with the test procedure prescribed in Appendix R to |
32 | Subpart B of Part 430 of Title 10 of the Code of Federal Regulations - "Uniform Test Method for |
33 | Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color |
34 | Temperature (CCT) of Electric Lamps" - as in effect on September 1, 2015: |
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1 | Lamp type Correlated Color Temperature Minimum Average Lamp Efficacy |
2 | (lumens/watt) |
3 | 4 foot (4') medium bipin ≤4500K 92.4 |
4 | ˃4500K & ≤7000K 88.7 |
5 | (9) General service lamps shall meet or exceed a lamp efficacy standard of forty-five (45) |
6 | lumens per watt, when tested in accordance with: |
7 | (i) For general service incandescent lamps, the test procedures prescribed in Appendix R |
8 | to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations - "Uniform Test Method |
9 | for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color |
10 | Temperature (CCT) of Electric Lamp's - as in effect on September 1, 2015; |
11 | (ii) For general service fluorescent lamps, the test procedures prescribed for such |
12 | products in Subpart B of Part 430 of Title 10 of the Code of Federal Regulations - as in effect on |
13 | the date of enactment of this chapter. |
14 | (iii) For general service light-emitting diode lamps and other solid state lighting, test |
15 | procedures prescribed by the U.S. Department of Energy, or if such procedures have not yet been |
16 | adopted, the test procedures prescribed in IES LM-79-08 Electrical and Photometric |
17 | Measurement of Solid State Lighting Products. |
18 | 42-140.5-6. Implementation. – (a) On or after January 1, 2018 , no commercial hot food |
19 | holding cabinet, deep-dimming fluorescent ballast, lavatory faucet, kitchen faucet, public lavatory |
20 | faucet, replacement aerator, portable electric spa, room air cleaner, showerhead, urinal, water |
21 | closet, water cooler, or high color rendering index fluorescent lamp may be sold or offered for |
22 | sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards |
23 | set forth in the regulations adopted pursuant to §42-140.5-5. |
24 | (b) On or after January 1, 2020, no general service lamp may be sold or offered for sale in |
25 | the state unless the efficiency of the new product meets or exceeds the efficiency standards set |
26 | forth in the regulations adopted pursuant to §42-140.5-5. |
27 | (c) One year after the date upon which the sale or offering for sale of certain products |
28 | becomes subject to the requirements of subsections (a) or (b) of this section, no such products |
29 | may be installed for compensation in the state unless the efficiency of the new product meets or |
30 | exceeds the efficiency standards set forth in the regulations adopted pursuant to §42-140.5-5. |
31 | 42-140.5-7. New and revised standards. – (a) The commissioner may adopt regulations, |
32 | in accordance with the provisions of chapter 35 of title 42, to establish increased efficiency |
33 | standards for the products listed in §42-140.5-4. The commissioner may also establish standards |
34 | for products not specifically listed in §42-140.5-4. In considering such new or amended |
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1 | standards, the commissioner shall set efficiency standards upon a determination that increased |
2 | efficiency standards would serve to promote energy or water conservation in the state and would |
3 | be cost-effective for consumers who purchase and use such new products, provided that no new |
4 | or increased efficiency standards shall become effective within one year following the adoption |
5 | of any amended regulations establishing such increased efficiency standards. |
6 | 42-140.5-8. Testing, certification, labeling, and enforcement. – (a) The manufacturers |
7 | of products covered by this chapter shall test samples of their products in accordance with the test |
8 | procedures adopted pursuant to this chapter or those specified in the state building code. The |
9 | commissioner shall adopt by rule, test procedures for determining the energy efficiency of the |
10 | products covered by §42-140.5-4 if such procedures are not provided for in §42-140.5-5 or in |
11 | chapter 27.3 of title 23 (state building code). The commissioner shall adopt U.S. Department of |
12 | Energy approved test methods, or in the absence of such test methods, other appropriate national |
13 | or state test methods. The commissioner may adopt updated test methods when new versions of |
14 | test procedures become available. |
15 | (b) Manufacturers of new products covered by §42-140.5-4 shall certify to the |
16 | commissioner that such products are in compliance with the provisions of this chapter. Such |
17 | certifications shall be based on test results. The commissioner shall promulgate regulations |
18 | governing the certification of such products and shall coordinate with the certification programs |
19 | of other states and federal agencies with similar standards. |
20 | (c) Manufacturers of new products covered by §42-140.5-4 shall identify each product |
21 | offered for sale or installation in the state as in compliance with the provisions of this chapter by |
22 | means of a mark, label, or tag on the product and packaging at the time of sale or installation. The |
23 | commissioner shall promulgate regulations governing the identification of such products and |
24 | packaging, which shall be coordinated to the greatest practical extent with the labeling programs |
25 | of other states and federal agencies with equivalent efficiency standards. The commissioner shall |
26 | allow the use of existing marks, labels, or tags which connote compliance with the efficiency |
27 | requirements of this chapter. |
28 | (d) The commissioner may test products covered by §42-140.5-4. If products so tested |
29 | are found not to be in compliance with the minimum efficiency standards established under §42- |
30 | 140.5-5, the commissioner shall: |
31 | (1) Charge the manufacturer of such product for the cost of product purchase and testing; |
32 | and |
33 | (2) Make information available to the attorney general and the public on products found |
34 | not to be in compliance with the standards. |
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1 | (e) With prior notice and at reasonable and convenient hours, the commissioner may |
2 | cause periodic inspections to be made of distributors or retailers of new products covered by §42- |
3 | 140.5-4 in order to determine compliance with the provisions of this chapter. The commissioner |
4 | shall also coordinate with the state building code commissioner regarding inspections prior to |
5 | occupancy of newly constructed buildings containing new products that are also covered by the |
6 | chapter 27.3 of title 23. |
7 | (f) The commissioner shall investigate complaints received concerning violations of this |
8 | chapter and shall report the results of such investigations to the attorney general. The attorney |
9 | general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, |
10 | distributor, or retailer, or any person who installs a product covered by this chapter for |
11 | compensation, who violates any provision of this chapter, shall be issued a warning by the |
12 | commissioner for any first violation. Repeat violations shall be subject to a civil penalty of not |
13 | more than two hundred fifty dollars ($250). Each violation shall constitute a separate offense, and |
14 | each day that such violation continues shall constitute a separate offense. Penalties assessed under |
15 | this subsection are in addition to costs assessed under subsection (d) of this section. |
16 | (g) The commissioner may adopt such further regulations as necessary to ensure the |
17 | proper implementation and enforcement of the provisions of this chapter. |
18 | 42-140.5-9. Severability of provisions. – The provisions of this chapter shall be |
19 | severable and if the application of any clause, sentence, paragraph, subdivision, section or part of |
20 | this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment |
21 | shall not affect, impair, or invalidate the application of any other clause, sentence, paragraph, |
22 | subdivision, section or part of this chapter. |
23 | SECTION 2. This act shall take effect upon passage. |
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LC004932 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - MINIMUM ENERGY AND | |
WATER EFFICIENCY STANDARDS | |
*** | |
1 | This act would set specific, up-to-date standards for selected commercial and residential |
2 | products. These energy and water efficiency standards are based on ENERGY STAR |
3 | specifications or on standards adopted by various states. |
4 | This act would take effect upon passage. |
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LC004932 | |
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| LC004932 - Page 13 of 13 |