2017 -- H 6077

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LC002094

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS-THE ENERGY AND CONSUMER

SAVINGS ACT OF 2005

     Introduced By: Representatives Handy, Marszalkowski, McKiernan, Amore, and
Regunberg

     Date Introduced: April 05, 2017

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-27-2, 39-27-3, 39-27-4, 39-27-5, 39-27-6 and 39-27-8 of the

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

hereby amended to read as follows:

     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

reducing energy and water waste and saving consumers and businesses 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 and other fuels.

     (c) Such efficiency standards can make electricity systems more reliable by reducing the

strain on the electricity grid systems 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 as well as new and expanded gas pipelines.

     (d) Energy efficiency Efficiency standards contribute to the economy of this state by

helping to better balance energy supply and demand for both water and energy, thus reducing

pressure for that creates higher natural gas, water and electricity prices. By saving consumers and

businesses money on energy utility bills, efficiency standards help the state and local economy,

since energy utility bill savings can be spent on local goods and services.

     (e) Furthermore, such water efficiency standards save water and thus reduce the strain on

the water supply. Furthermore, improved water efficiency can reduce or delay the need for water

and sewer infrastructure improvements.

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

water primarily designed for space heating.

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

as the source of potable water.

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

Island state energy office office of energy resources.

     (f)(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.

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

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

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

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

and-hold appliances.

     (h)(g) "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

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

prior to their cleaning.

     (i)(h) "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.C. § 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.

     (j)(i) "Commission" means the Rhode Island public utilities commission.

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

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

     (k) The following definitions refer to computers and computer monitors:

     (1) "Computer" means a device that performs logical operations and processes data. A

computer includes both stationary and portable units and includes a desktop computer, a portable

all-in-one, a notebook computer, a mobile gaming system, a high-expandability computer, a

small-scale server, a thin client, and a workstation. Although a computer is capable of using input

devices and displays, such devices are not required to be included with the computer when the

computer is shipped. A computer is composed of, at a minimum:

     (i) A central processing unit (CPU) to perform operations or, if no CPU is present, then

the device must function as a client gateway to a server, and the server acts as a computational

CPU;

     (ii) Ability to support user input devices such as a keyboard, mouse, or touch pad; and

(iii) An integrated display screen or the ability to support an external display screen to

output information;

     (2) "Computer monitor" means an analog or digital device of size greater than or equal to

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seventeen inches (17") and less than or equal to sixty-one inches (61"), that has a pixel density of

greater than five thousand (5,000) pixels per square inch, and that is designed primarily for the

display of computer-generated signals for viewing by one person in a desk-based environment. A

computer monitor is composed of a display screen and associated electronics. A computer

monitor does not include:

     (i) Displays with integrated or replaceable batteries designed to support primary

operation without AC mains or external DC power (e.g., electronic readers, mobile phones,

portable tablets, battery-powered digital picture frames); and

     (ii) A television or signage display.

     (l) "Deep‐dimming fluorescent lamp ballast" means a fluorescent ballast that is capable of

operating lamps in dimmed operating modes at any number of levels at or below fifty percent

(50%) of full output. The term shall only apply to lamp ballasts designed to operate one, two (2),

three (3), or four (4) T5 or T8 four‐foot (4ft) linear or U-shape fluorescent lamps.

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

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

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

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

     (n) "General service lamp" has the meaning defined at pages 7321-7322 of Volume 82,

Number 12 of the Federal Register published on January 19, 2017 as modified in that same issue

of the Federal Register on page 7333.

     (o) The following definitions refer to high color rendering index (CRI) fluorescent lamps:

     (1) "Fluorescent lamp" means a low pressure mercury electric-discharge source in which

a fluorescing coating transforms some of the ultraviolet energy generated by the mercury

discharge into light, and includes only the following:

     (i) Any straight-shaped lamp (commonly referred to as four-foot (4ft) medium bipin

lamps) with medium bipin bases of nominal overall length of 48 inches and rated wattage of

twenty-five (25) or more.

     (2) "Color rendering index" or "CRI" means the measure of the degree of color-shift

objects undergo when illuminated by a light source as compared with the color of those same

objects when illuminated by a reference source of comparable color temperature.

     (3) "High color rendering index fluorescent lamp" means a fluorescent lamp with a color

rendering index of eighty-seven (87) or greater.

     (m)(p) "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

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

watts per square centimeter.

     (n)(q) "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.

     (o)(r) "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.

     (p)(s) "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.

     (q)(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). This includes clear, phosphor-

coated and self-ballasted lamps.

     (r)(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.

     (s)(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) "Plumbing fitting" means a device that controls and guides the flow of water in a

supply system. The following definitions apply to plumbing fittings:

     (1) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet, or replacement

aerator for a lavatory or kitchen faucet;

     (2) "Flow rate" means the rate of water flow of a plumbing fitting;

     (3) "Public lavatory faucet" means a fitting intended to be installed in non-residential

bathrooms that are exposed to walk-in traffic;

     (4) "Replacement aerator" means an aerator sold as a replacement, separate from the

faucet to which it is intended to be attached;

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     (5) "Showerhead" means a device through which water is discharged for a shower bath

and includes a body sprayer and handheld showerhead, but does not include a safety showerhead;

     (6) "Water use" means the quantity of water flowing through a showerhead or faucet, at

point of use.

     (x) "Plumbing fixture" means an exchangeable device, which connects to a plumbing

system to deliver and drain away water and waste. The following definitions apply to plumbing

fixtures:

     (1) "Dual-flush effective flush volume" means the average flush volume of two (2)

reduced flushes and one full flush;

     (2) "Trough‐type urinal" means a urinal designed for simultaneous use by two (2) or

more persons.

     (3) "Dual-flush water closet" means a water closet incorporating a feature that allows the

user to flush the water closet with either a reduced or a full volume of water.

     (4) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys

the waste through a trap into a drainage system.

     (5) "Water closet" means a plumbing fixture having a water-containing receptor that

receives liquid and solid body waste through an exposed integral trap into a drainage system.

     (6) "Water use" means the quantity of water flowing through a water closet or urinal at

point of use.

     (y) "Portable electric spa" means a factory-built portable electric spa or hot tub, supplied

with equipment for heating and circulating water.

     (1) "Standby power", as applied to portable electric spas, means the average power in

standby mode, measured in Watts.

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

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

"probe" in the arc tube.

     (u)(aa) "Pulldown refrigerator" means a commercial refrigerator with doors that, when

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

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

less.

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

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

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

     (w)(cc) "Residential furnace" means a self-contained space heater designed to supply

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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; and

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

hour.

     (x)(dd) "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.

     (y)(ee) "State-regulated incandescent reflector lamp" means a lamp, not colored or

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

bulb to direct the light, an E26 medium screw base, 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 either of the following categories: a blown PAR (BPAR), bulged reflector (BR), or elliptical

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

one quarter (2.25) inches; or a reflector (R), parabolic aluminized reflector (PARA) bulged

reflector (BR) or similar bulb shape with a diameter of two and one quarter (2.25) to two and

three quarter (2.75) inches, inclusive.

     (z)(ff) "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.

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

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(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.

     (bb)(hh) "Transformer" means a device consisting of two (2) 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.

     (cc)(ii) "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.C. § 6291 and subsequent sections or any product that is a direct

vent, forced flue heater with a sealed combustion burner.

     (dd)(jj) "Walk-in refrigerator" and "walk-in freezer" mean a space, designed for the

purpose of storing and/or merchandising food, beverages and/or ice, that is refrigerated to

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

into.

     (kk) The following definitions refer to water coolers:

     (1) "Water cooler" means a freestanding (i.e., not wall mounted, under sink, or otherwise

building integrated) device that consumes energy to cool and/or heat potable water.

     (i) "Cold only" units dispense cold water.

     (ii) "Hot and cold units" dispense both hot and cold water. Some units also offer room-

temperature water.

     (iii) "Cook and cold units" dispense both cold and room-temperature water.

     (2) "Storage-type" means thermally conditioned water is stored in a tank in the water

cooler and is available instantaneously. Point of use, dry storage compartment, and bottled water

coolers are included in this category.

     (3) "On demand" means the water cooler heats water as it is requested, which typically

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takes a few minutes to deliver.

     (4) "On mode with no water draw" means a test that records the 24-hour energy

consumption of a water cooler with no water drawn during the test period.

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

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

     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) Commercial clothes washers;

     (3) Commercial pre-rinse spray valves;

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

     (5) High-intensity discharge lamp ballasts;

     (6) Illuminated exit signs;

     (7) Large packaged air-conditioning equipment;

     (8) Low voltage dry-type distribution transformers;

     (9) Metal halide lamp fixtures;

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

     (11) Torchieres;

     (12) Traffic signal modules;

     (13) Unit heaters.

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

offered for sale or installed in the state:

     (1) Bottle-type water dispensers;

     (2) Commercial hot food holding cabinets;

     (3) Residential boilers and residential furnaces;

     (4) State-regulated incandescent reflector lamps; and

     (5) Walk-in refrigerators and walk-in freezers.

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

offered for sale or installed in the state:

     (1) Computers and computer monitors;

     (2) Deep dimming fluorescent lamp ballasts;

     (3) Plumbing fittings including lavatory and kitchen faucets that are consumer products

and faucet aerators; public lavatory faucets, and showerheads;

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     (4) Plumbing fixtures including urinals and water closets;

     (5) Residential portable electric spas and residential exercise spas (also known as swim

spas) and portions of combination spas/swim spas that are used for bathing and are operated by a

private owner;

     (6) Water coolers, including cold only units, hot and cold units, and cook and cold units,

but excluding units that provide pressurized water and are not freestanding, and air-source units,

and units with a water source other than bottled or tap water.

     (7) High CRI fluorescent lamps;

     (8) General service lamps; and

     (9) Any other products as may be designated by the commission in accordance with this

chapter.

     (c)(d) 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 commission, in consultation with the state building

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

accordance with the provisions of chapter 35 of title 42, establishing minimum efficiency

standards for the types of new products set forth in subparagraph (a) of § 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 § 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) Commercial clothes washers shall meet the requirements shown in Table P-4 of §

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.

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

six tenths (1.6) gallons per minute.

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

efficiency requirements shown in Table A-6 of § 1605.3 of the California Code of Regulations,

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

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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.

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

a mercury vapor lamp.

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

illuminated face.

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

ratio of:

     (i) Ten (10.0) for air conditioning without an integrated heating component or with

electric resistance heating integrated into the unit;

     (ii) Nine and eight tenths (9.8) for air conditioning with heating other than electric

resistance integrated into the unit;

     (iii) Nine and five tenths (9.5) for air conditioning with heating other than electric

resistance integrated heating component or with electric resistance heating integrated into the

unit;

     (iv) Nine and three tenths (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).

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

levels for low 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).

     (9) Metal halide lamp fixtures that operate in a vertical position and are 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.

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

efficiency requirements shown in Table U-1 of § 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. Single-voltage external AC to DC power supplies that are made available by a product

manufacturer as service parts or spare parts for its products manufactured prior to January 1, 2008

shall be exempt from this provision.

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     (11) 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.

     (12) 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.

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

either power venting or an automatic flue damper.

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

commissioner and the chief of energy and community services, 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 paragraph (b) of § 39-27-4. The regulations shall provide

for the following minimum efficiency standards.

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

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

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

(40) watts per cubic foot of interior volume.

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

Annual Fuel Utilization Efficiency (AFUE) and electricity ratio values.

     Product Type Minimum AFUE Maximum

electricity ratio

     Natural gas and propane-

     fired furnaces 90% 2.0%

     Oil-fired furnaces>94,000

     Btu/hour in capacity 83% 2.0%

     Oil-fired furnaces>94,000

     Btu/hour in capacity 83% 2.3%

     Natural gas and oil,

     and propane-fired hot

     water residential boilers 84% Not applicable

     Natural gas, oil, and

     propane-fired steam

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     residential boilers 82% Not applicable

     Product Type Minumum AFUE Electricity Ratio

     Natural gas and 90% 2.0%

     propane- fired furnaces

     Oil-fired furnaces 83% 2.0%

     <94,000 Btu/hour in capacity

     Oil-fired furnaces 83% 2.3%

     >94,000 Btu/hour in capacity

     Natural gas and oil, and 84% Not applicable

     propane-fired hot water

     residential boilers

     Natural gas, oil, and 82% Not applicable[BB1]

     Propane-fired steam residential

     boilers

     (ii) The chief of energy and community services shall adopt rules to provide for

exemptions from compliance with the foregoing residential furnace or residential boiler AFUE

standards at any building, site or location where complying with said standards would be in

conflict with any local zoning ordinance, fire code, building or plumbing code or other rule

regarding installation and venting of residential furnaces or residential boilers.

     (iii) The provisions of this subsection 39-27-5(b) shall be effective upon determination by

the chief of energy and community services that the same or substantial corresponding standards

have been enacted in two (2) New England states.

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

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

§ 6295(i)(1)(A).

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

requirements:

     (I) lamps rated at fifty (50) watts or less of the following types: BR30, BR40, ER30 and

ER40;

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

and

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

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

in the table below shall include the required components shown.

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MOTOR Type Required Components

All Interior lights: light sources

with an efficacy of forty-

five (45) lumens per watt

or more, including ballast losses

(if any). This efficacy standard

does not apply to LED light

sources until January 1, 2010.

     All Automatic door closers that

firmly close all reach-in doors.

     All Automatic door closers that

firmly close all walk-in doors

no wider than 3.9 feet and no

higher than 6.9 feet that have

been closed to within one inch

of full closure.

     All Wall, ceiling, and door insulation

at least R-28 for refrigerators

and at least R-34 for freezers

     All Floor insulation at least R-28

for freezers (no requirements

for refrigerators)

     Condenser fan Electronically commutated

     motors of under one motors, Permanently

     horsepower split capacitor-type motors

Polyphase motors of one half (1/2)

horsepower or more

     Single-phase evaporator fan Electronically commutated

     motors of under one horse- motors

     power and less than four

     hundred sixty (460) volts

     Motor Type Required Components

     All Interior lights: light sources with an efficacy of forty- five (45) lumens

per watt or more, including ballast losses (if any). This efficacy

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      standard does not apply to LED light sources until January 1, 2010.

     All Automatic door closers that firmly close all reach-in doors.

     All Automatic door closers that firmly close all walk-in doors no wider

      than three and nine-tenths feet (3.9 ft) and no higher than six and nine-

tenths feet (6.9 ft) that have been closed to

      within one inch of full closure.

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

least R-34 for freezers

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

refrigerators)

     Condenser fan Electronically commutated motors, permanently split capacitor-type

motors of under motors or polyphase motors of one-half (1/2) horsepower or more

     one horsepower

     Single-phase Electronically commutated motors of under one horsepower

     evaporator fan and less than four hundred sixty (460) volts [BB2]

     motors of under one

     horsepower and less

     than 460 volts

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

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

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

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

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

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

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

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

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

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

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

     (c) Not later than June 1, 2018, the commission, in consultation with the state building

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

accordance with the provisions of chapter 35 of title 42, establishing minimum efficiency

standards for the types of new products set forth in §39-27-4(c). The regulations shall provide for

the following minimum efficiency standards:

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     (1) Computers and computer monitors shall meet the requirements of Section 1605.3 of

Title 20 of the California Code of Regulations as adopted on December 14, 2016, as measured in

accordance with test methods prescribed in Section 1604 of those regulations.

     (2) Deep-dimming fluorescent lamp ballasts shall meet the requirements of Section

1605.3 of Title 20 of the California Code of Regulations as in effect on January 3, 2017 as

measured in accordance with test methods prescribed in Section 1604 of those regulations.

     (3) General service lamps shall meet or exceed a lamp efficacy standard of forty-five (45)

lumens per watt, when tested in accordance with the applicable federal test methods for general

service lamps as in effect on January 3, 2017.

     (4) High color rendering index fluorescent lamps shall meet or exceed the minimum lamp

efficacy levels as shown in the table below, when tested in accordance with the test procedure

prescribed in Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations

– "Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index

(CRI), and Correlated Color Temperature (CCT) of Electric Lamps" – as in effect on January 3,

2017:

      Minimum

      Correlated Color Average Lamp

     Lamp Type

      Temperature Efficacy

      (lumens/watt)

     4-foot medium bipin ≤4500K 92.4

     4-foot medium bipin >4500K & ≤700K 88.7

     (5) Plumbing fittings shall meet the following requirements:

     (1) The flow rate of lavatory faucets, kitchen faucets, replacement aerators, and public

lavatory faucets shall be not greater than the applicable values shown in the table below in

accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of

Title 10 of the Code of Federal Regulations – "Uniform Test Method for Measuring the Water

Consumption of Faucets and Showerheads," as in effect on January 3, 2017.

     Standards for faucets and aerators

     Appliance Maximum Flow Rate

     Lavatory faucets and 1.2 gpm at 60 pounds per square inch (psi)1,2

     aerators

     Kitchen faucets and 1.8 gpm with optional temporary flow of 2.2 gpm at 60 psi

     aerators

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     Public lavatory 0.5 gpm at 60 psi

     faucets and aerators

     1Sprayheads with independently-controlled orifices and manual controls. The maximum

flow rate of each orifice that manually turns on or off shall not exceed the maximum flow rate for

a lavatory faucet.

     2Sprayheads with collectively-controlled orifices and manual controls. The maximum

flow rate of a sprayhead that manually turns on or off shall be the product of:

     (i) The maximum flow rate for a lavatory faucet; and

     (ii) The number of component lavatories (rim space of the lavatory in inches

(millimeters) divided by twenty inches (20") (five hundred eight millimeters (508 millimeters))).

     (2) Showerheads shall meet:

     (i) The U.S. EPA WaterSense specifications for showerheads, Version 1.0, which took

effect on February 9, 2010; and

     (ii) As measured in accordance with the test criteria prescribed in the WaterSense

specifications for showerheads, Version 1.0 which took effect on February 9, 2010.

     (6) Plumbing Fixtures shall meet the following requirements:

     (1) The water consumption of urinals and water closets, other than those designed and

marketed exclusively for use at prisons or mental health care facilities, shall be no greater than

the values shown in items (6)(1)(ii)(I) through (6)(I)(ii)(IV) of this section when tested in

accordance with the:

     (i) Water consumption test prescribed in Appendix T to Subpart B of Part 430 of Title 10

of the Code of Federal Regulations – "Uniform Test Method for Measuring the Water

Consumption of Water Closets and Urinals," as in effect on January 3, 2017.

     (ii) Waste Extraction Test (Section 7.10) of ASME A112.19.2/CSA B45.1-2013.

     (I) Trough-type urinals shall have a maximum gallons per flush of:

     Trough length (in inches)/16

     (II) Wall-mounted urinals shall have a maximum flush volume of one hundred twenty-

five thousands (0.125) gallons per flush. Other urinals shall have a maximum flush volume of

one-half (.5) gallons per flush.

     (III) Water closets, except for dual flush tank-type water closets, shall have a maximum

flush volume of one and twenty-eight hundredths (1.28) gallons per flush.

     (IV) Dual flush tank-type water closets shall have a maximum effective flush volume of

one and twenty-eight hundredths (1.28) gallons per flush.

     (7) Portable electric spas shall meet the requirements of the "American National Standard

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for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC-14 2014) as in effect on

September 12, 2014.

     (8) Water coolers shall have on mode with no water draw energy consumption less than

or equal to:

     (1) Sixteen hundredths kilowatt-hours (0.16 KWh) per day for cold only and cook and

cold units;

     (2) Eighty-seven hundredths kilowatt-hours (0.87 KWh) per day, for hot and cold units –

storage type; and

     (3) Eighteen hundredths kilowatt-hours (0.18 KWh) per day, for hot and cold units – on

demand, as measured in accordance with the test criteria prescribed in version 2.0 of the

ENERGY STAR program product specifications for water coolers as in effect on February 1,

2014.

     39-27-6. Implementation.

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

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

implementation of state standards for residential furnaces and residential boilers require a waiver

from federal preemption. If the chief of energy and community services determines that a waiver

from federal preemption is not needed, then no new residential furnace or residential boiler

manufactured on or after January 1, 2008, or the date which is one year after the date of said

determination, if later, 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

§ 39-27-5. If the chief of energy and community services determines that a waiver from federal

preemption is required, then the chief of energy and community services shall apply for such

waiver within one year of such determination and upon approval of such waiver application, the

applicable state 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 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 § 39-27-5.

     (d) If any of the energy or water conservation standards issued or approved for

publication by the Office of the United States Secretary of Energy as of January 19, 2017

pursuant to the Energy Policy and Conservation Act (10 C.F.R. §§430-431) are withdrawn,

repealed or otherwise voided, the minimum energy or water efficiency level permitted for

products previously subject to federal energy or water conservation standards shall be the

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previously applicable federal standards and no such product may be sold or offered for sale in the

state unless it meets or exceeds such standards. This section shall not apply to any federal energy

or water conservation standard set aside by a court upon the petition of a person who will be

adversely affected, as provided in 42 U.S.C. §6306(b).

     39-27-8. Testing, certification, and enforcement. 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 chief of energy and community services, in consultation

with the state building commissioner, shall adopt test procedures for determining the energy

efficiency of the products covered by § 39-27-4 if such procedures are not provided for in this

section, and § 39-27-5 of this chapter or in the State Building Code, except that the test procedure

for:

     (1) Automatic commercial icemakers shall be the test standard specified by the Air

Conditioning and Refrigeration Institute Standard 810-2003, as in effect on January 1, 2005;

     (2) Bottle-type water dispensers shall be measured in accordance with the test criteria

contained in version 1 of the U.S. Environmental Protection Agency's "Energy Star

Program/Requirement for Bottled Water Coolers," except units with an integral, automatic timer

shall not be tested using Section D, "Timer Usage," of the test criteria;

     (3) Commercial hot food holding cabinets shall be the "idle energy rate-dry test" on

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

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

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

2003; and

     (4) Residential furnaces and boilers AFUE shall be measured in accordance with the

federal test method for measuring the energy consumption of furnaces and boilers contained in

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

     The chief of energy and community services shall use U.S. Department of Energy

approved test methods, or in the absence of such test methods, other appropriate nationally

recognized test methods. The chief of energy and community services may use updated test

methods when new versions of test procedures become available.

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

voltage external AC to DC power supplies, high-intensity discharge lamp ballasts, walk-in

refrigerators and walk-in freezers, shall certify to the chief of energy and community services that

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such products are in compliance with the provisions of this chapter. Such certifications shall be

based on test results. The chief of energy and community services shall promulgate regulations

governing the certification of such products and may coordinate with the certification programs

of other states and federal agencies.

     (c) The chief of energy and community services may test products covered by § 39-27-4.

If the products so tested are found not to be in compliance with the minimum efficiency standards

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

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

and

     (2) Make information available to the attorney general and the public on products found

not to be in compliance with the standards.

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

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

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

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

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.

     (e) The chief of energy and community services shall require manufacturers of new

products covered by §39-27-4 of this chapter to 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 commission 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. The commission shall allow the use of

existing marks, labels, or tags, which connote compliance with the efficiency requirements of this

chapter.

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

concerning violations of this chapter and shall report the results of such investigation to the

attorney general. The attorney general may institute proceedings to enforce the provisions of the

chapter. Any manufacturer, distributor or retailer, or any person who installs a product covered by

the chapter for compensation, who violates any provision of this chapter shall be issued a warning

and be subject to a civil penalty of one hundred dollars ($100) for each offense by the chief of

energy and community services for any first violation. Repeat violations shall be subject to a civil

penalty of not more than two hundred fifty dollars ($250) five hundred dollars ($500). Each

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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 subsection (d) of this section.

     SECTION 2. This act shall take effect upon passage.

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LC002094

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS-THE ENERGY AND CONSUMER

SAVINGS ACT OF 2005

***

     The act would establish minimum energy and water efficiency standards for certain

products sold or installed in the state.

     This act would take effect upon passage.

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LC002094

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