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H.253

Introduced by   Representatives Pugh of S. Burlington, Klein of East Montpelier, Canfield of Fair Haven, Darrow of Dummerston, Edwards of Brattleboro, Masland of Thetford, McCullough of Williston and Pellett of Chester

Referred to Committee on

Date:

Subject:  Commerce; appliance energy efficiency standards

Statement of purpose:  This bill proposes to establish energy efficiency standards for the retail sale of new automatic commercial ice makers, ceiling fans and ceiling fan light kits, commercial clothes washers, commercial

pre-rinse spray valves, commercial refrigerators and freezers, digital television adapters, furnaces, boilers, furnace air handlers, illuminated exit signs, large packaged air-conditioning equipment, low voltage dry-type distribution transformers, medium voltage dry-type transformers, metal halide lamp fixtures, single-voltage external AC to DC power converters, state regulated reflector lamps, torchieres, traffic signal modules, unit heaters, and any other products as may be designated by the commissioner of public service.  The standards are to be adopted by the commissioner of public service, with initial standards as detailed in the bill, usually by reference to a standard that has been established already by another body.  The bill proposes to give the commissioner the authority to add other appliances to the list and to increase the standards for appliances currently covered.  The bill proposes to take effect with respect to any particular appliance when a similar requirement has been enacted by legislation or rule in states within New England, including Vermont, with a total population of at least four million people. The bill proposes to give the commissioner the power to conduct investigations, to perform tests on products, and to investigate complaints and report to the attorney general.  A repeat violation shall be subject to a civil penalty of no more than $250.00 per offense.

AN ACT RELATING TO ESTABLISHING ENERGY EFFICIENCY STANDARDS FOR CERTAIN APPLIANCES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. chapter 74 is added to read:

Chapter 74.  Energy Efficiency Standards

for Appliances and Equipment

§ 2791.  GENERAL PURPOSE

This chapter establishes minimum efficiency standards for certain products sold or installed in the state.

§ 2792.  Findings

The general assembly finds that:

(1)  Efficiency standards for certain products sold or installed in the state assure consumers and businesses that those products meet minimum efficiency performance levels, thus saving money on utility bills.

(2)  These efficiency standards save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas.

(3)  These efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods.  Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades.

(4)  Energy efficiency standards contribute to the economy of this state by enabling consumers and business owners to spend less on energy, leaving more for the purchase of local goods and services.

(5)  Energy efficiency standards will be easy to adopt and implement because identical standard is already adopted or proposed elsewhere – either as another state’s standard or a national voluntary standard (e.g., Energy Star®).

§ 2793.  Definitions

As used in this chapter:

(1)  "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 or dispense ice.  This term includes machines with capacities between and including 50 and 2,500 pounds per 24 hours;

(2)  “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.

(3)  “Boiler” means a space heater that is a self-contained appliance for supplying steam or hot water primarily intended for space-heating.  “Boiler” does not include hot water supply boilers and utilizes only single-phase electric current, or DC current in conjunction with natural gas, propane, or home heating oil, and which:

(A)  is designed to be the principal heating source for the living space of a residence;

(B)  has a heat input rate of less than 300,000 Btu per hour; and

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

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

(5)  “Ceiling fan light kit” means equipment designed to provide light from a ceiling fan which can be:

(A)  integral, such that the equipment is hardwired to the ceiling fan; or

(B)  attachable, such that, at the time of sale, the equipment is not physically attached to the ceiling fan, but may be included inside the ceiling fan package at the time of sale or sold separately for subsequent attachment to the fan.

(6)  “Central furnace” means a self-contained space heater designed to supply heated air through ducts of more than 10 inches in 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:

(A)  is designed to be the principal heating source for the living space of a residence;

(B)  is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour; and

(C)  has a heat input rate of less than 225,000 Btu per hour.

(7)  “Commercial clothes washer” means a soft mount horizontal- or vertical-axis clothes washer that:

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

(B)  is designed for use by more than one household, such as in multifamily housing, apartments, or coin laundries.

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

(9)(A)  “Commercial refrigerator, freezer, and refrigerator-freezer” means self-contained refrigeration equipment that:

(i)  is not a consumer product as regulated pursuant to 42 U.S.C.

§ 6291 and subsequent sections;

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

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

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

(B)  This term does not include:

(i)  products with 85 cubic feet or more of internal volume;

(ii)  walk-in refrigerators or freezers; or

(iii)  consumer products that are federally regulated pursuant to 42 U.S.C. § 6291 et seq.

(10)  “Commissioner” means the commissioner of the department of public service.

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

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

(13)  “Furnace air handler” means the section of the furnace that includes the fan, blower, and housing, usually accompanied by a filter, all of which are located generally upstream of the burners and heat exchanger.  In many residential applications, the air handler includes a cooling coil.

(14)  “Illuminated exit sign” means an internally illuminated sign that is designed to be permanently fixed in place to identify an exit; 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.

(15)  “Large packaged air-conditioning equipment” means packaged air‑conditioning equipment that has 240,000 Btu/hour or more of cooling capacity and that is built as a package and shipped as a whole to end-user sites.

(16)(A)  “Low voltage dry-type distribution transformer” means a distribution transformer that:

(i)  has an input voltage of 600 volts or less;

(ii)  is air-cooled;

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

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

(B)  “Low voltage dry-type distribution transformer” does not include:

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

(ii)  transformers, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, uninterruptible power system transformers, impedance transformers, harmonic 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.

(17)  “Medium voltage dry-type distribution transformer” means a transformer that:

(A)  has an input voltage of more than 600 volts but 34,500 volts or less;

(B)  is air-cooled;

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

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

(18)  “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.

(19)  “Metal halide lamp fixture” means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.  Metal halide light fixtures are commonly used in industrial buildings and high-ceiling commercial applications such as gymnasiums and big-box retail stores.

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

(21)  “Pulldown refrigerator” means a commercial refrigerator specifically designed to rapidly reduce all integrated product temperatures from 90 degrees F to 38 degrees F over a 12-hour period (i.e., reduction of 4.3 degrees F per hour) when fully loaded with beverage containers.

(22)  “Single-voltage external AC to DC power supply” means a device that:

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

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

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

(D)  is contained within a separate physical enclosure from the

end-use product;

(E)  is connected to the end-use product via a removable or

hard-wired male or female electrical connection, cable, cord, or other wiring;

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

(G)  does not have a battery chemistry or type selector switch and indicator light; or does not have a battery chemistry or type selector switch and a state of charge meter; and

(H)  has a nameplate output power less than or equal to 250 watts.

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

(A)  a bulged reflector (BR) or elliptical reflector (ER) bulb shape, with a diameter which equals or exceeds 2.25 inches;

(B)  a reflector (R), parabolic aluminized reflector (PAR), bulged reflector (BR), or similar bulb shape with a diameter of 2.25 to 2.75 inches.

(24)  “Torchiere” means a portable electric lamp with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below.

(25)  “Traffic signal module” means a standard eight‑inch (200 mm) or

12‑inch (300 mm) traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation.

(26)(A)  “Transformer” means a device that consists of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another, in order to change the original voltage or current value.

(B)  The term “transformer” does not include:

(i)  transformers with multiple voltage tap; or

(ii)  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.

(27)  “Unit heater” means a self-contained, vented fan-type commercial space heater that uses natural gas, propane, or fuel oil and that is designed to be installed without ducts within a heated space; except that “unit heater” does not include direct vent, sealed combustion burner, force flue heaters, or any products covered by federal standards pursuant to 42 U.S.C. §§ 6291 et seq.

or any product that is a direct vent, forced flue heater with a sealed combustion burner.

§ 2794.  Scope

(a)  The provisions of this chapter apply to the following types of new products sold, offered for sale, or installed in the state:

(1)  Automatic commercial ice makers.

(2)  Ceiling fans and ceiling fan light kits.

(3)  Commercial clothes washers.

(4)  Commercial pre-rinse spray valves.

(5)  Commercial refrigerators and freezers.

(6)  Digital television adapters.

(7)  Furnaces.

(8)  Boilers.

(9)  Furnace air handlers.

(10)  Illuminated exit signs.

(11)  Large packaged air-conditioning equipment.

(12)  Low voltage dry-type distribution transformers.

(13)  Medium voltage dry-type transformers.

(14)  Metal halide lamp fixtures.

(15)  Single-voltage external AC to DC power supply.

(16) State regulated reflector lamps.

(17)  Torchieres.

(18)  Traffic signal modules.

(19)  Unit heaters.

(20)  Any other products as may be designated by the commissioner in accordance with section 2797 of this title.

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

(1)  New products manufactured in the state and sold outside the state.

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

(3)  Products installed in mobile manufactured homes at the time of construction.

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

§ 2795.  Efficiency standards

Not later than July 1, 2006, the commissioner, in consultation with the secretary of natural resources, shall adopt rules in accordance with the provisions of 3 V.S.A. chapter 25 establishing minimum efficiency standards for the types of new products set forth in section 2794 of this title.  The rules shall provide for the following minimum efficiency standards:

(1)  Automatic commercial ice-makers shall meet the energy efficiency requirements of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4:  Appliance Efficiency Regulations.

(2)  Ceiling fans shall have:

(A)  lighting controls separate from fan speed controls;

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

(C)  the capability of reversible fan action, except fans designed for applications where safety standards would be violated by use of the reversible mode.

(3)  Ceiling fan light kits shall:

(A)  meet the requirements of the U.S. Environmental Protection Agency’s Energy Star Program for Residential Light Fixtures (Version 3.1) and be packaged with lamps to fill all sockets;

(B)  be packaged with screw-based compact fluorescent lamps to fill all sockets, with such lamps meeting the Energy Star Program Requirements for Compact Fluorescent Lamps (Version 3.0); or

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

(4)  Commercial clothes washers shall meet the requirements shown in Table P-3 of section 1605.3 of the California Code of Regulations, Title 20:  Division 2, Chapter 4, Article 4 (Appliance Efficiency Regulations that took effect on November 27, 2002).

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

(6)  Commercial refrigerators, freezers, and refrigerator-freezers shall meet the minimum efficiency requirements shown in Table A-6 of section 1605.3 of the California Code of Regulations, Title 20:  Division 2, Chapter 4, Article 4:  Appliance Efficiency Regulations as adopted on December 15, 2004 except that pulldown refrigerators with transparent doors shall meet a requirement five percent less stringent than shown in the California regulations.

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

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

                        Product Type                              Minimum Efficiency Level

Natural gas- and propane-fired furnaces                        90% AFUE

Oil-fired furnaces                                                          83% AFUE

Natural gas- and propane-fired hot water boilers           84% AFUE

Oil-fired hot water boilers                                             84% AFUE

Natural gas- and propane- ired steam boilers    82% AFUE

Oil-fired steam boilers                                                   82% AFUE

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

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

(10)  Illuminated exit signs shall meet the Version 2.0 Energy Star Program performance requirements for illuminated exit signs prescribed by the U.S. Environmental Protection Agency.

(11)  Large packaged air-conditioning equipment shall meet the Tier 2 efficiency levels of the “Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners” or “Minimum Equipment Efficiencies for Heat Pumps,” as appropriate, developed by the Consortium for Energy Efficiency, Boston, MA, as in effect on January 1, 2002.

(12)  Low voltage dry-type distribution transformers shall meet the Class 1 efficiency levels for 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).

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

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

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

(16)  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).  Fifty (50) watt elliptical reflector (ER) lamps are exempted from these requirements.

(17)  Torchieres shall consume not more than 190 watts and shall not be capable of operating with lamps that total more than 190 watts.

(18)  Red and green 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, electrically connected signal control interface devices and conflict monitoring systems.  The commissioner, in consultation with the secretary of transportation, may exempt specific traffic signals from this requirement upon a determination that Energy Star compliant traffic signal modules would compromise safe signal operation.

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

§ 2796.  Implementation

(a)  On or after January 1, 2007, no new ceiling fan, ceiling fan light kit, commercial clothes washer, commercial pre-rinse spray valve, digital television adapter, high-intensity discharge lamp ballast, illuminated exit sign, low voltage dry-type distribution transformer, single-voltage external AC to DC power supply, state regulated incandescent reflector lamp, torchiere, traffic signal module, or unit heater may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the rules adopted pursuant to section 2795 of this title.  On or after January 1, 2008, no new automatic commercial ice maker, medium voltage dry-type distribution transformer or metal halide lamp fixture may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the rules adopted pursuant to section 2795 of this title.  On or after January 1, 2010, no new commercial refrigerator or freezer or large packaged air conditioning equipment may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the rules adopted pursuant to section 2795 of this title. 

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

(c)  One year after the date upon which sale or offering for sale of certain products is limited pursuant to subsection (a) or (b) of this section, no new products may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to section 2795 of this title. 

(d)  Notwithstanding the dates set out in this section, implementation of the standard for an individual product of the type set forth in section 2794 of this title shall be suspended until the passage of legislation or the adoption of administrative rules that require equivalent or higher standards for that product in states within New England, including Vermont, with a total population of at least four million people. 

§ 2797.  New and revised standards

The commissioner may establish increased efficiency standards on the products listed in section 2794 of this title.  The commissioner may also establish standards for products not specifically listed in section 2794 of this title.  In considering new or amended standards, the commissioner, in consultation with the secretary of natural resources, shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy conservation in the state and would be cost-effective for consumers who purchase and use those products, provided no new or increased efficiency standards shall become effective within one year following the adoption of any amended rules providing for such increased efficiency standards.  The commissioner may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S.C. § 6297(d)) for those products regulated by the federal government.

§ 2798.  Testing, certification, labeling, and enforcement

(a)  The commissioner, in consultation with the secretary of natural resources, shall adopt a process for testing the energy efficiency of the new products covered by section 2794 of this title if those processes are not provided for in the residential building energy standards adopted under 21 V.S.A. § 266.  The commissioner shall use U.S. Department of Energy approved test methods, or in the absence of those test methods, other appropriate nationally recognized test methods.  The manufacturers of these products shall cause samples of their products to be tested in accordance with the test procedures adopted pursuant to this chapter or those specified in the residential building energy standards.

(b)  Manufacturers of new products covered by section 2794 of this title shall certify to the commissioner that these products are in compliance with the provisions of this chapter.  The commissioner shall adopt rules governing the certification of those products and may coordinate with the certification programs of other states with similar standards.

(c)  Manufacturers of new products covered by section 2794 of this title shall identify each product offered for sale or installation in the state as being in compliance with the provisions of this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation.  The commissioner shall adopt rules governing the identification of these products and packaging which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards.

(d)  The commissioner may test products covered by section 2794 of this title.  If any product so tested is found not to be in compliance with the minimum efficiency standards established under section 2795 of this title, the commissioner shall:

(1)  Charge the manufacturer of that product for the cost of product purchase and testing.

(2)  Make information available to the public on products found not to be in compliance with the standards.

(e)  The commissioner may cause periodic inspections to be made of distributors or retailers of new products covered by section 2794 of this title in order to determine compliance with the provisions of this chapter.  The commissioner shall also coordinate with the residential buildings energy standard program regarding inspections for new products that are also covered by that program. 

(f)  The commissioner shall investigate complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general.  The attorney general may institute proceedings to enforce the provisions of this chapter.  Any manufacturer, distributor, or retailer who violates any provision of this chapter shall be issued a warning by the commissioner for any first violation.  Repeat violations shall be subject to a civil penalty of not more than $250.00.  Each violation shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.  Penalties assessed under this subsection are in addition to costs assessed under subsection (d) of this section.

(g)  The commissioner is hereby granted the authority to adopt further rules as necessary to ensure the proper implementation and enforcement of the provisions of this chapter.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us