2020 -- H 7866 | |
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LC005002 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- APPLIANCE AND EQUIPMENT | |
ENERGY AND WATER EFFICIENCY STANDARDS OF 2020 | |
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Introduced By: Representatives Handy, Bennett, McKiernan, and Ruggiero | |
Date Introduced: February 26, 2020 | |
Referred To: House Environment and Natural Resources | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND |
2 | CARRIERS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 27.1 |
4 | APPLIANCE AND EQUIPMENT ENERGY AND WATER EFFICIENCY STANDARDS OF |
5 | 2020 |
6 | 39-27.1-1. Short title. |
7 | This chapter shall be known and may be cited as the "Appliance and Equipment Energy |
8 | and Water Efficiency Standards of 2020." |
9 | 39-27.1-2. General purpose. |
10 | This chapter establishes minimum efficiency standards for certain products sold or installed |
11 | in the state. This chapter shall, upon enactment, be construed to supersede the provisions of chapter |
12 | 39 of title 27, "The Energy and Consumer Savings Act of 2005", but only to the extent that any |
13 | products sold or installed in compliance with the provisions of chapter 39 of title 27 be replaced on |
14 | or after July 1, 2021, with products that are in accordance with the provisions of this chapter. |
15 | 39-27.1-3. Findings. |
16 | The general assembly finds that: |
17 | (1) Efficiency standards for certain products sold or installed in the state assure consumers |
18 | and businesses that such products meet minimum efficiency performance levels, thus reducing |
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1 | energy and water waste and saving consumers and businesses money on utility bills. |
2 | (2) Efficiency standards contribute to the economy of this state by helping to better balance |
3 | supply and demand for both energy and water, thus reducing pressure that creates higher natural |
4 | gas, electricity, and water prices. By saving consumers and businesses money on utility bills, |
5 | efficiency standards help the state and local economy, since utility bill savings can be spent on local |
6 | goods and services. |
7 | (3) The efficiency standards save energy and thus reduce pollution and other environmental |
8 | impacts associated with the production, distribution, and use of electricity, natural gas, and other |
9 | fuels. |
10 | (4) The water efficiency standards save water and thus reduce the strain on the water |
11 | supply. Furthermore, improved water efficiency can reduce or delay the need for water and sewer |
12 | infrastructure improvements. |
13 | (5) The efficiency standards can make electricity and natural gas systems more reliable by |
14 | reducing the strain on systems during peak demand periods. Furthermore, improved efficiency can |
15 | reduce or delay the need for new power plants, power transmission lines, and power distribution |
16 | system upgrades as well as new and expanded gas pipelines. |
17 | 39-27.1-4. Definitions. |
18 | As used in this chapter: |
19 | (1) "Air compressor" means a compressor designed to compress air that has an inlet open |
20 | to the atmosphere or other source of air, and is made up of a compression element (bare |
21 | compressor), driver(s), mechanical equipment to drive the compressor element, and any ancillary |
22 | equipment. This definition is subject to preemption in the event the federal Department of Energy |
23 | publishes federal standards defining "air compressor." |
24 | (2) "Air purifier" also known as "room air cleaner" means an electric, cord-connected, |
25 | portable appliance with the primary function of removing particulate matter from the air and which |
26 | can be moved from room to room. |
27 | (3) "Cold temperature fluorescent lamp" means a fluorescent lamp that is not a compact |
28 | fluorescent lamp that: |
29 | (i) Is specifically designed to start at -20°F when used with a ballast conforming to the |
30 | requirements of ANSI C78.81 and ANSI C78.901; and |
31 | (ii) Is expressly designated as a cold temperature lamp both in markings on the lamp and |
32 | in marketing materials, including catalogs, sales literature, and promotional material. |
33 | (4) "Commercial dishwasher" means a machine designed to clean and sanitize plates, pots, |
34 | pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or |
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1 | without blasting media granules) and a sanitizing rinse. |
2 | (5) "Commercial oven" means a chamber designed for heating, roasting, or baking food by |
3 | conduction, convection, radiation, and/or electromagnetic energy. |
4 | (6) "Commercial steam cooker" also known as "compartment steamer" means a device |
5 | with one or more food-steaming compartments in which the energy in the steam is transferred to |
6 | the food by direct contact. Models may include countertop models, wall-mounted models, and floor |
7 | models mounted on a stand, pedestal, or cabinet-style base. |
8 | (7) "Commissioner" means the commissioner of the Rhode Island office of energy |
9 | resources. |
10 | (8) "Compensation" means money or any other valuable thing, regardless of form, received |
11 | or to be received by a person for services rendered. |
12 | (9) "Compressor" means a machine or apparatus that converts different types of energy |
13 | into the potential energy of gas pressure for displacement and compression of gaseous media to any |
14 | higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating |
15 | pressure greater than 1.3. |
16 | (10) "Dual-duct portable air conditioner" means a portable air conditioner that draws some |
17 | or all of the condenser inlet air from outside the conditioned space through a duct attached to an |
18 | adjustable window bracket, may draw additional condenser inlet air from the conditioned space, |
19 | and discharges the condenser outlet air outside the conditioned space by means of a separate duct |
20 | attached to an adjustable window bracket. This definition is subject to preemption in the event the |
21 | federal Department of Energy publishes federal standards defining "dual-duct portable air |
22 | conditioner". |
23 | (11) "Dual-flush effective flush volume" means the average flush volume of two (2) |
24 | reduced flushes and one full flush. |
25 | (12) "Dual-flush water closet" means a water closet incorporating a feature that allows the |
26 | user to flush the water closet with either a reduced or a full volume of water. |
27 | (13) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet, public lavatory |
28 | faucet, or replacement aerator for a lavatory, public lavatory or kitchen faucet. |
29 | (14) "General service lamp" has the same meaning as set forth in the action published at |
30 | 82 Fed. Reg. 7276, 7321-22 (January 19, 2017) and modified by the action published at 82 Fed. |
31 | Reg. 7322, 7333 (January 19, 2017). |
32 | (15) "Hand-held shower" means a showerhead that can be held or fixed in place for the |
33 | purpose of spraying water onto a bather and that is connected to a flexible hose. |
34 | (16) "High color rendering index (CRI) fluorescent lamp" means a fluorescent lamp with |
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1 | a color rendering index of eighty-seven (87) or greater that is not a compact fluorescent lamp. |
2 | (17) "Impact-resistant fluorescent lamp" means a fluorescent lamp that is not a compact |
3 | fluorescent lamp that: |
4 | (i) Has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is |
5 | designed to contain the glass if the glass envelope of the lamp is broken; and |
6 | (ii) Is designated and marketed for the intended application, with: |
7 | (A) The designation on the lamp packaging; and |
8 | (B) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, |
9 | shatter-proof, or shatter-protected. |
10 | (18) "Metering faucet" means a fitting that, when turned on, will gradually shut itself off |
11 | over a period of several seconds. |
12 | (19) "On demand" means the water cooler heats water as it is requested, which typically |
13 | takes a few minutes to deliver. |
14 | (20) "Plumbing fixture" means an exchangeable device, which connects to a plumbing |
15 | system to deliver and drain away water and waste. |
16 | (21) "Portable air conditioner" means a portable encased assembly, other than a packaged |
17 | terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned |
18 | air to an enclosed space, and is powered by single-phase electric current. It includes a source of |
19 | refrigeration and may include additional means for air circulation and heating and may be a single- |
20 | duct or a dual-duct portable air conditioner. |
21 | (22) "Portable electric spa" means a factory-built electric spa or hot tub which may or may |
22 | not include any combination of integral controls, water heating or water circulating equipment. |
23 | (23) "Pressure regulator" means a device that maintains constant operating pressure |
24 | immediately downstream from the device, given higher pressure upstream. This definition is |
25 | subject to preemption in the event the federal Department of Energy publishes federal standards |
26 | defining "pressure regulator". |
27 | (24) "Public lavatory faucet" means a fitting intended to be installed in nonresidential |
28 | bathrooms that are exposed to walk-in traffic. |
29 | (25) "Replacement aerator" means an aerator sold as a replacement, separate from the |
30 | faucet to which it is intended to be attached. |
31 | (26) "Residential ventilating fan" means a ceiling, wall-mounted, or remotely mounted in- |
32 | line fan designed to be used in a bathroom or utility room, whose purpose is to move air from inside |
33 | the building to the outdoors. |
34 | (27) "Showerhead" means a device through which water is discharged for a shower bath |
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1 | and includes a hand-held showerhead but does not include a safety shower showerhead. |
2 | (28) "Single-duct portable air conditioner" means a portable air conditioner that draws all |
3 | of the condenser inlet air from the conditioned space without the means of a duct and discharges |
4 | the condenser outlet air outside the conditioned space through a single duct attached to an adjustable |
5 | window bracket. This definition is subject to preemption in the event the federal Department of |
6 | Energy publishes federal standards defining "single-duct portable air conditioner". |
7 | (29) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a |
8 | means of connection to the piping system designed to convey water to a nozzle or orifice. |
9 | (30) "Storage-type" means thermally conditioned water is stored in a tank in the water |
10 | cooler and is available instantaneously. Point-of-use, dry storage compartment, and bottled water |
11 | coolers are included in this category. |
12 | (31) "Trough-type urinal" means a urinal designed for simultaneous use by two (2) or more |
13 | persons. |
14 | (32) "Uninterruptible power supply" means a battery charger consisting of a combination |
15 | of convertors, switches and energy storage devices (such as batteries), constituting a power system |
16 | for maintaining continuity of load power in case of input power failure. This definition is subject |
17 | to preemption in the event the federal Department of Energy publishes federal standards defining |
18 | "uninterruptible power supply". |
19 | (33) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys |
20 | the waste through a trap into a drainage system. |
21 | (34) "Water closet" means a plumbing fixture having a water-containing receptor that |
22 | receives liquid and solid body waste through an exposed integral trap into a drainage system. |
23 | (35) "Water cooler" means a freestanding device that consumes energy to cool or heat |
24 | potable water as follows: |
25 | (i) "Cold only units" dispensing cold water only; |
26 | (ii) "Hot and cold units" dispensing both hot and cold water. Some units also offer room- |
27 | temperature water; and |
28 | (iii) "Cook and cold units" dispensing both cold and room-temperature water. |
29 | 39-27.1-5. Scope. |
30 | (a) The provisions of this chapter apply to: |
31 | (1) Air compressors (unless preempted by federal standards); |
32 | (2) Air purifiers; |
33 | (3) Commercial dishwashers; |
34 | (4) Commercial fryers; |
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1 | (5) Commercial ovens; |
2 | (6) Commercial steam cookers; |
3 | (7) Computers and computer monitors; |
4 | (8) Electric vehicle supply equipment; |
5 | (9) Faucets; |
6 | (10) General service lamps; |
7 | (11) High CRI, cold temperature, impact resistant fluorescent lamps; |
8 | (12) Portable air conditioners (unless preempted by federal standards); |
9 | (13) Portable electric spas; |
10 | (14) Residential ventilating fans; |
11 | (15) Showerheads; |
12 | (16) Spray sprinkler bodies; |
13 | (17) Uninterruptible power supplies (unless preempted by federal standards); |
14 | (18) Urinals; |
15 | (19) Water closets; |
16 | (20) Water coolers; and |
17 | (21) Any other products as may be designated by the commissioner. |
18 | (b) The provisions of this chapter do not apply to: |
19 | (1) New products manufactured in the state and sold outside the state; |
20 | (2) New products manufactured outside the state and sold at wholesale inside the state for |
21 | final retail sale and installation outside the state; |
22 | (3) Products installed in mobile manufactured homes at the time of construction; or |
23 | (4) Products designed expressly for installation and use in recreational vehicles. |
24 | 39-27.1-6. Standards. |
25 | (a) Not later than one year after the date of enactment of this chapter, the commissioner, in |
26 | consultation with the Rhode Island office of energy resources and the energy efficiency resource |
27 | management council, shall adopt rules and regulations, in accordance with the provisions of chapter |
28 | 35 of title 42, establishing minimum efficiency standards for the types of new products set forth in |
29 | § 42-27.1-4. |
30 | (b) The regulations shall provide for the following minimum efficiency standards: |
31 | (1) Air compressors that meet the twelve (12) criteria listed on page 350 to 351 of the |
32 | "Energy Conservation Standards for Air Compressors" final rule issued by the U.S. Department of |
33 | Energy on December 5, 2016 shall meet the requirements in Table 1 on page 352 following the |
34 | instructions on page 353 and as measured in accordance with Appendix A to Subpart T of Part 431 |
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1 | of Title 10 of the Code of Federal Regulations "Uniform Test Method for Certain Air Compressors" |
2 | as in effect on July 3, 2017. This standard is subject to preemption in the event the federal |
3 | Department of Energy publishes updated federal standards defining "air compressors". |
4 | (2) Air purifiers, except industrial air purifiers, shall meet the following requirements as |
5 | measured in accordance with the ENERGY STAR Program Requirements Product Specification |
6 | for Room Air Cleaners, Version 2.0: |
7 | (i) Clean air delivery rate (CADR) for smoke shall be thirty (30) or greater; |
8 | (ii) For models with a CADR for smoke less than one hundred (100), CADR/Watt for |
9 | smoke shall be greater than or equal to 1.7; |
10 | (iii) For models with a CADR for smoke greater than or equal to one hundred (100) and |
11 | less than one hundred fifty (150), CADR/Watt for smoke shall be greater than or equal to 1.9; |
12 | (iv) For models with a CADR for smoke greater than or equal to one hundred fifty (150), |
13 | CADR/Watt for smoke shall be greater than or equal to 2.0; |
14 | (v) For ozone-emitting models, measured ozone shall be less than or equal to fifty (50) |
15 | parts per billion (ppb); |
16 | (vi) For models with a Wi-Fi network connection enabled by default when shipped, partial |
17 | on mode power shall not exceed two (2) watts; and |
18 | (vii) For models without a Wi-Fi network connection enabled by default when shipped, |
19 | partial on mode power shall not exceed one watt. |
20 | (3) Commercial dishwashers included in the scope of the ENERGY STAR Program |
21 | Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the |
22 | qualification criteria of that specification. |
23 | (4) Commercial fryers included in the scope of the ENERGY STAR Program |
24 | Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the |
25 | qualification criteria of that specification. |
26 | (5) Commercial ovens included in the scope of the ENERGY STAR Program |
27 | Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the |
28 | qualification criteria of that specification. |
29 | (6) Commercial steam cookers shall meet the requirements of the ENERGY STAR |
30 | Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2. |
31 | (7) Computers and computer monitors shall meet the requirements of § 1605.3(v) of Title |
32 | 20 of the California Code of Regulations (C.C.R.) and compliance with those requirements shall |
33 | be as measured in accordance with test methods prescribed in § 1604(v) of those regulations. |
34 | (i) The rules shall define "computer" and "computer monitor" to have the same meaning as |
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1 | set forth in 20 C.C.R. § 1602(v). |
2 | (ii) The referenced portions of the C.C.R. shall be those adopted on or before the effective |
3 | date of this chapter. However, the commissioner shall have authority to amend the rules so that the |
4 | definitions of "computer" and "computer monitor" and the minimum efficiency standards for |
5 | computers and computer monitors conform to subsequently adopted modifications to the |
6 | referenced sections of the C.C.R. |
7 | (8) Electric vehicle supply equipment included in the scope of the ENERGY STAR |
8 | Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0 |
9 | (Rev. Apr-2017), shall meet the qualification criteria of that specification. |
10 | (9) Faucets, except for metering faucets, shall meet the standards shown in this subsection |
11 | when tested in accordance with 10 C.F.R. 430, Subpart B, Appendix S, and compliance with those |
12 | requirements shall be the "Uniform Test Method for Measuring the Water Consumption of Faucets |
13 | and Showerheads" as in effect on January 1, 2020. |
14 | (i) Lavatory faucets and replacement aerators shall not exceed a maximum flow rate of one |
15 | and one-half gallons per minute (1.5 gpm) at sixty pounds per square inch (60 psi). |
16 | (ii) Residential kitchen faucets and replacement aerators shall not exceed a maximum flow |
17 | rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds per square inch (60 psi), |
18 | with optional temporary flow of two and two-tenths gallons per minute (2.2 gpm), provided they |
19 | default to a maximum flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds |
20 | per square inch (60 psi) after each use. |
21 | (iii) Public lavatory faucets and replacement aerators shall not exceed a maximum flow |
22 | rate of five-tenths gallons per minute (0.5 gpm) at sixty pounds per square inch (60 psi). |
23 | (10) General service lamps shall meet or exceed a lamp efficacy of forty-five (45) lumens |
24 | per watt, when tested in accordance with the applicable federal test procedures for general service |
25 | lamps, prescribed in 10 C.F.R. § 430.23(gg) as in effect on January 1, 2020. |
26 | (11) High CRI fluorescent lamps shall meet the minimum efficacy requirements contained |
27 | in 10 C.F.R. § 430.32(n)(4) as in effect on January 1, 2020, as measured in accordance with 10 |
28 | C.F.R. § 430, Subpart B, Appendix R "Uniform Test Method for Measuring Average Lamp |
29 | Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric |
30 | Lamps as in effect on January 1, 2020. |
31 | (12) Portable air conditioners shall have a Combined Energy Efficiency Ratio (CEER), as |
32 | measured in accordance with 10 C.F.R. § 430, Subpart B, Appendix CC "Uniform Test Method for |
33 | Measuring the Energy Consumption of Portable Air Conditioners as in effect on January 1, 2020, |
34 | that is greater than or equal to: 1.04 x SACC/(3.7117 x SACC0.6384) where SACC is Seasonally |
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1 | Adjusted Cooling Capacity in Btu/h. This standard is subject to preemption in the event the federal |
2 | Department of Energy publishes federal standards defining "portable air conditioners". |
3 | (13) Portable electric spas shall meet the requirements of the "American National Standard |
4 | for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC-14). |
5 | (14) Residential ventilating fans shall meet the qualification criteria of the ENERGY STAR |
6 | Program Requirements Product Specification for Residential Ventilating Fans, Version 4.1. |
7 | (15) Showerheads shall not exceed a maximum flow rate of two gallons per minute (2.0 |
8 | gpm) at eighty pounds per square inch (80 psi) when tested in accordance with 10 C.F.R. § 430, |
9 | Subpart B, Appendix S and compliance with those requirements shall be the "Uniform Test Method |
10 | for Measuring the Water Consumption of Faucets and Showerheads" as in effect on January 1, |
11 | 2020. |
12 | (16) Spray sprinkler bodies that are not specifically excluded from the scope of the |
13 | WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral |
14 | pressure regulator and shall meet the water efficiency and performance criteria and other |
15 | requirements of that specification. |
16 | (17) Uninterruptible power supplies that utilize a NEMA 1-15P or 5-15P input plug and |
17 | have an AC output shall have an average load adjusted efficiency that meets or exceed the values |
18 | shown on page 193 of the pre-publication final rule "Energy Conservation Program: Energy |
19 | Conservation Standards for Uninterruptible Power Supplies" issued by the U.S. Department of |
20 | Energy on December 28, 2016, as measured in accordance with test procedures prescribed in 10 |
21 | C.F.R. § 430, Subpart B, Appendix Y "Uniform Test Method for Measuring the Energy |
22 | Consumption of Battery Chargers" as in effect on January 11, 2017. This standard is subject to |
23 | preemption in the event the federal Department of Energy publishes federal standards defining |
24 | "uninterruptible power supplies". |
25 | (18) Urinals and water closets, other than those designed and marketed exclusively for use |
26 | at prisons or mental health facilities, shall meet the standards shown in this chapter when tested in |
27 | accordance with 10 C.F.R. § 430, Subpart B, Appendix T "Uniform Test Method for Measuring |
28 | the Water Consumption of Water Closets and Urinals" as in effect on January 1, 2020 and water |
29 | closets shall pass the waste extraction test for water closets (Section 7.9) of the American Society |
30 | of Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018. |
31 | (i) Wall-mounted urinals, except for trough-type urinals, shall have a maximum flush |
32 | volume of one-half (0.5) gallons per flush. |
33 | (ii) Floor-mounted urinals, except for trough-type urinals, shall have a maximum flush |
34 | volume of one-half (0.5) gallons per flush. |
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1 | (iii) Water closets, except for dual-flush tank-type water closets, shall have a maximum |
2 | flush volume of 1.28 gallons per flush. |
3 | (iv) Dual-flush tank-type water closets shall have a maximum dual flush effective flush |
4 | volume of 1.28 gallons per flush. |
5 | (19) Water coolers included in the scope of the ENERGY STAR Program Requirements |
6 | Product Specification for Water Coolers, Version 2.0, shall have on mode with no water draw |
7 | energy consumption less than or equal the following values as measured in accordance with the |
8 | test requirements of that program: |
9 | (i) Sixteen hundredths kilowatt-hours (0.16 kwh) per day for cold-only units and cook and |
10 | cold units; |
11 | (ii) Eighty-seven hundredths kilowatt-hours (0.87 kwh) per day for storage type hot and |
12 | cold units; and |
13 | (iii) Eighteen hundredths kilowatt-hours (0.18 kwh) per day for on demand hot and cold |
14 | units. |
15 | 39-27.1-7. Implementation. |
16 | (a) On or after January 1, 2022, no new air purifier, cold-temperature fluorescent lamp, |
17 | commercial dishwasher, commercial fryer, commercial oven, commercial steam cooker, computer |
18 | or computer monitor, electric vehicle supply equipment, faucet, high CRI fluorescent lamp, impact |
19 | resistant fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray |
20 | sprinkler body, uninterruptible power supply, urinal, water closet, or water cooler may be sold or |
21 | offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds |
22 | the efficiency standards provided in § 39-27.1-6 or preempted by the federal Department of Energy. |
23 | (b) No later than six (6) months from the date of enactment of this chapter, and as necessary |
24 | thereafter, the commissioner shall determine which general service lamps are subject to federal |
25 | preemption. On or after January 1, 2021, no general service lamp that is not subject to federal |
26 | preemption may be sold or offered for sale in the state unless the efficiency of the new product |
27 | meets or exceeds the efficiency standards provided in § 39-27.1-6. |
28 | (c) On or after January 1, 2022, no new air compressor may be sold or offered for sale, |
29 | lease, or rent in the state unless the efficiency of the new product meets or exceeds the efficiency |
30 | standards provided in § 39-27.1-6 or preempted by the federal Department of Energy. |
31 | (d) On or after February 1, 2022, no new portable air conditioner may be sold or offered |
32 | for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the |
33 | efficiency standards provided in § 39-27.1-6 or preempted by the federal Department of Energy. |
34 | (e) One year after the date upon which the sale or offering for sale of certain products |
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1 | becomes subject to the requirements of subsections (a), (b), (c), or (d) of this section, no such |
2 | products may be installed for compensation in the state unless the efficiency of the new product |
3 | meets or exceeds the efficiency standards provided in § 39-27.1-6 or preempted by the federal |
4 | Department of Energy. |
5 | 39-27.1-8. New and revised standards. |
6 | The commissioner may adopt rules and regulations, in accordance with the provisions of |
7 | chapter 35 of title 42, to establish increased efficiency standards for the products listed or |
8 | incorporated in § 39-27.1-5. The commissioner may also establish standards for products not |
9 | specifically listed in § 39-27.1-5. In considering such new or amended standards, the commissioner, |
10 | in consultation with the Rhode Island office of energy resources and energy efficiency and resource |
11 | management council, shall set efficiency standards upon a determination that increased efficiency |
12 | standards would serve to promote energy or water conservation in the state and would be cost |
13 | effective for consumers who purchase and use these new products, provided that no new or |
14 | increased efficiency standards shall become effective within one year following the adoption of |
15 | any amended regulations establishing such increased efficiency standards. |
16 | 39-27.1-9. Protection against repeal of federal standards. |
17 | (a) If any of the energy or water conservation standards issued or approved for publication |
18 | by the Office of the United States Secretary of Energy as of January 1, 2018, pursuant to the Energy |
19 | Policy and Conservation Act 10 C.F.R., Parts 430-431, are withdrawn, repealed, or otherwise |
20 | voided, the minimum energy or water efficiency level permitted for products previously subject to |
21 | federal energy or water conservation standards shall be the previously applicable federal standards, |
22 | and no such new products may be sold or offered for sale, lease or rent in the state unless it meets |
23 | or exceeds such standards. |
24 | (b) This section shall not apply to any federal energy or water conservation standard set |
25 | aside by a court upon the petition of a person who will be adversely affected, as provided in 42 |
26 | U.S.C. § 6306(b). |
27 | 39-27.1-10. Testing, certification, labeling, and enforcement. |
28 | (a) The manufacturers of products covered by this chapter shall test samples of their |
29 | products in accordance with the test procedures adopted pursuant to this chapter. The commissioner |
30 | may adopt updated test methods when new versions of test procedures become available. |
31 | (b) Manufacturers of new products covered by § 39-27.1-5 shall certify to the |
32 | commissioner that these products are in compliance with the provisions of this chapter. These |
33 | certifications shall be based on test results. The commissioner shall promulgate rules and |
34 | regulations governing the certification of these products and shall coordinate with the certification |
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1 | programs of other states and federal agencies with similar standards. |
2 | (c) Manufacturers of new products covered by § 39-27.1-5 shall identify each product |
3 | offered for sale or installation in the state as in compliance with the provisions of this chapter by |
4 | means of a mark, label, or tag on the product and packaging at the time of sale or installation. The |
5 | commissioner shall promulgate rules and regulations governing the identification of these products |
6 | and packaging, which shall be coordinated to the greatest practical extent with the labeling |
7 | programs of other states and federal agencies with equivalent efficiency standards. The |
8 | commissioner shall allow the use of existing marks, labels, or tags, which connote compliance with |
9 | the efficiency requirements of this chapter. |
10 | (d) The commissioner may test products covered by § 39-27.1-5. If products so tested are |
11 | found not to be in compliance with the minimum efficiency standards established under § 39-27.1- |
12 | 5, the commissioner shall: |
13 | (1) Charge the manufacturer of such product for the cost of product purchase and testing; |
14 | and |
15 | (2) Make information available to the attorney general and the public on products found |
16 | not to be in compliance with the standards. |
17 | (e) With prior notice and at reasonable and convenient hours, the commissioner may cause |
18 | periodic inspections to be made of distributors or retailers of new products covered by § 39-27.1-5 |
19 | in order to determine compliance with the provisions of this chapter. The commissioner shall also |
20 | coordinate with the state building commissioner regarding inspections prior to occupancy of newly |
21 | constructed buildings containing new products that are also covered by the 2012 IECC. |
22 | (f) The commissioner shall investigate complaints received concerning violations of this |
23 | chapter and shall report the results of such investigations to the attorney general. The attorney |
24 | general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, |
25 | distributor, or retailer, or any person who installs a product covered by this chapter for |
26 | compensation, who violates any provision of this chapter, shall be issued a warning by the |
27 | commissioner for any first violation and subject to a civil penalty of up to one hundred dollars |
28 | ($100) for each offense. Repeat violations shall be subject to a civil penalty of not more than five |
29 | hundred dollars ($500) for each offense. Each violation shall constitute a separate offense, and each |
30 | day that such violation continues shall constitute a separate offense. Penalties assessed under this |
31 | subsection are in addition to costs assessed under subsection (d) of this section. |
32 | (g) The commissioner may adopt such further rules and regulations as necessary to ensure |
33 | the proper implementation and enforcement of the provisions of this chapter. |
34 | 39-27.1-11. Severability of provisions. |
| LC005002 - Page 12 of 14 |
1 | The provisions of this chapter shall be severable, and if the application of any clause, |
2 | sentence, paragraph, subdivision, section, or part of this chapter shall be adjudged by any court of |
3 | competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the |
4 | application of any other clause, sentence, paragraph, subdivision, section, or part of this chapter. |
5 | SECTION 2. This act shall take effect upon passage, and shall be construed to supersede |
6 | the provisions of chapter 39 of title 27, "The Energy and Consumer Savings Act of 2005", but only |
7 | to the extent that any products sold or installed in compliance with the provisions of chapter 39 of |
8 | title 27 be replaced on or after July 1, 2021, with products that are in accordance with the provisions |
9 | of this chapter. |
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LC005002 | |
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| LC005002 - Page 13 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- APPLIANCE AND EQUIPMENT | |
ENERGY AND WATER EFFICIENCY STANDARDS OF 2020 | |
*** | |
1 | This act would establish minimum energy and water efficiency standards for appliances |
2 | and specified equipment purchased or installed after July 1, 2021. |
3 | This act would take effect upon passage, and would be construed to supersede the |
4 | provisions of chapter 39 of title 27, "The Energy and Consumer Savings Act of 2005", but only to |
5 | the extent that any products sold or installed in compliance with the provisions of chapter 39 of |
6 | title 27 be replaced on or after July 1, 2021, with products that are in accordance with the provisions |
7 | of this chapter. |
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LC005002 | |
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| LC005002 - Page 14 of 14 |