TITLE 39
Public Utilities and Carriers

CHAPTER 39-27
The Energy and Consumer Savings Act of 2005

SECTION 39-27-6


§ 39-27-6. Implementation.

(a) No new commercial clothes washer, commercial pre-rinse spray valve, high-intensity discharge lamp ballast, illuminated exit sign, low-voltage dry-type distribution transformer, torchiere, traffic signal module, or unit heater after January 1, 2007, 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. No bottle-type water dispenser, commercial hot food holding cabinet, metal-halide lamp fixture, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, or walk-in refrigerator or walk-in freezer manufactured on or after January 1, 2008, 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. No new automatic commercial icemaker, commercial refrigerator, refrigerator-freezer, or freezer or large packaged air-conditioning equipment manufactured on or after January 1, 2010, 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.

(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 requires 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 that is one year after the date of the 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 the waiver within one year of the 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.

History of Section.
(P.L. 2005, ch. 136, § 1; P.L. 2005, ch. 146, § 1; P.L. 2006, ch. 177, § 1; P.L. 2006, ch. 288, § 1.)