SB105: establishing state appliance and equipment energy efficiency standards.

SB 105-FN-AS INTRODUCED

2003 SESSION

03-0438

03/01

SENATE BILL 105-FN

AN ACT establishing state appliance and equipment energy efficiency standards.

SPONSORS: Sen. Below, Dist 05; Sen. Gatsas, Dist 16; Sen. Cohen, Dist 24; Rep. Norelli, Rock 86; Rep. Kaen, Straf 72; Rep. P. Allen, Ches 27; Rep. Pitts, Rock 86

COMMITTEE: Energy and Economic Development

ANALYSIS

This bill establishes energy efficiency standards for certain products sold in this state.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0438

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing state appliance and equipment energy efficiency standards.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Minimum Energy Efficiency Standards for Certain Products. Amend RSA by inserting after chapter 339-E the following new chapter:

CHAPTER 339-F

MINIMUM ENERGY EFFICIENCY STANDARDS

FOR CERTAIN PRODUCTS

339-F:1 Definitions. In this chapter:

I. "Ceiling fan" means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades.

II. "Ceiling fan light kit" means the equipment used to provide light from a ceiling fan. A ceiling fan kit may be integral, such that the ceiling fan light kit is hardwired to the ceiling fan, or attachable, such that the ceiling fan light kit is not, at the time of sale, physically attached to the fan. Attachable ceiling fan light kits may either be included inside the ceiling fan package at the time of sale or sold separately for subsequent attachment to the fan.

III. "Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in:

(a) Applications where the occupants of more than one household will be using it, such as in multi-family housing common areas and coin laundries; or

(b) Other commercial applications, if the clothes container compartment is no greater than 3.5 cubic feet for horizontal-axis clothes washers, or no greater than 4.0 cubic feet for vertical-axis clothes washers.

IV. "Commercial refrigerators and freezers" means reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that have less than 85 cubic feet of capacity, that are designed for other than domestic use, and that are not walk-in models or consumer products regulated under the National Appliance Energy Conservation Act of 1987, Public Law 100-12.

V. "Commission" means the public utilities commission.

VI. "Digital cable television box" means a device that acts as a tuner for cable television programming and that converts digital signals received from a cable service provider to a signal usable by a television set.

VII. "Digital television converter box" means a device that receives and decodes digital signals for display by an analog television set.

VIII. "Illuminated exit sign" means an internally-illuminated sign that is designed to be permanently fixed in place and used to identify an exit, and the background of which is not transparent.

IX. "Large packaged air-conditioning equipment" means packaged air-conditioning equipment having 240,000 BTU per hour or more of cooling capacity.

X. "Low-voltage dry-type distribution transformer" means a transformer that:

(a) Has an input voltage of 600 volts or less;

(b) Is between 14 kilovolt amperes and 2,501 kilovolt amperes in size;

(c) Is air-cooled; and

(d) Does not use oil as a coolant.

XI. "Packaged air-conditioning equipment" means air-conditioning equipment that is built as a package and shipped as a whole to end-user sites.

XII. "Pass-through cabinet" means an appliance used for refrigeration of goods or product with hinged or sliding doors on both the front and rear of the appliance.

XIII. "Reach-in cabinet" means an appliance used for refrigeration of goods or product with hinged or sliding doors or lids, but excluding roll-in or roll-through cabinets and pass through cabinets.

XIV. "Roll-in or roll-through cabinet" means an appliance used for refrigeration of goods or product with hinged or sliding doors that allows wheeled racks of product to be rolled into or through the appliance.

XV. "Set-top box" means a digital cable television box, wireless television receiver, or digital television converter box.

XVI. "Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl giving light directed upward so as to give indirect illumination.

XVII. "Traffic signal module" means a standard 8-inch (200mm) or 12-inch (300mm) round traffic signal indication. It consists of a light source, lens, and all parts necessary for operation, and communicates movement messages to drivers through red, amber, and green colors. Arrow modules in the same colors are used to indicate turning movements.

XVIII. "Transformer" means a device consisting essentially of 2 or more coils of insulated wire that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage or current value.

XIX. "Unit heater" means a self-contained fan-type heater that uses natural gas, propane, or fuel oil and that is designed to be installed within the heated space. Unit heaters include an apparatus or appliance to supply heat, and a fan for circulating air over a heat exchange surface, all enclosed in a common casing. Unit heaters do not include "warm air furnaces" as defined under the federal Energy Policy Act of 1992, Public Law 102-486.

XX. "Wireless television receiver" means a device used in conjunction with a dish antenna to receive satellite or other wireless television programming and that converts signals from a dish antenna for use by a television set.

339-F:2 Applicability.

I. The provisions of this chapter shall apply to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the state:

(a) Ceiling fans and ceiling fan light kits.

(b) Commercial clothes washers.

(c) Commercial refrigerators and freezers.

(d) Illuminated exit signs.

(e) Large packaged air-conditioning equipment.

(f) Low voltage dry-type distribution transformers.

(g) Set-top boxes.

(h) Torchiere lighting fixtures.

(i) Traffic signal modules.

(j) Unit heaters.

(k) Such other products as may be designated by the commission in accordance with RSA 339-F:5.

II. The provisions of this chapter shall not apply to:

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

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

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

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

339-F:3 Minimum Energy Efficiency Standards.

I. Ceiling fans and ceiling fan light kits shall meet the Tier I criteria of the product specification (Version 1.1) of the ENERGY STAR program requirements for residential ceiling fans developed by the United States Environmental Protection Agency.

II. Commercial clothes washers shall meet the requirements shown in Table P-3 of 20 California Code of Regulations, section 1605.3.

III. Commercial refrigerators and freezers shall meet the August 1, 2004 requirements shown in Table A-6 of 20 California Code of Regulations, section 1605.3.

IV. Illuminated exit signs shall meet the Version 2.0 ENERGY STAR specification for exit signs developed by the United States Environmental Protection agency.

V. Large packaged air-conditioning equipment shall meet the Tier II requirements of the "Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners" and "Minimum Equipment Efficiencies for Heat Pumps" developed by the Consortium for Energy Efficiency.

VI. Low-voltage dry-type distribution transformers shall meet or exceed the energy efficiency values shown in Table 4-2 of National Electrical Manufacturers Association Standard TP-1-2002.

VII. Set-top boxes shall meet the Tier 2 requirements of the "ENERGY STAR Program Requirements for Set-Top Boxes" developed by the United States Environmental Protection Agency and that took effect on January 1, 2001.

VIII. Torchiere lighting fixtures shall not consume more than 190 watts and shall not be capable of operating with lamps that total more than 190 watts.

IX. Traffic signal modules shall meet the product specification of the "ENERGY STAR Program Requirements for Traffic Signals" developed by the United States Environmental Protection Agency and that took effect in February 2001.

X. Unit heaters shall not have pilot lights and shall have either power venting or an automatic flue damper.

339-F:4 Sale and Installation of Products. On or after January 1, 2005, no new product of a type set forth in RSA 339-F:2, I shall be sold or offered for sale in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in RSA 339-F:3. On or after January 1, 2006, no new product of a type set forth in RSA 339-F:2, I shall be installed in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in RSA 339-F:3.

339-F:5 Increased and Additional Standards The commission may establish amended efficiency standards on the products listed in RSA 339-F:2, I. The commission may also establish standards for products not specifically listed in RSA 339-F:2, I. In considering such new or amended standards, the commission 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 such new products; provided no new or increased efficiency standards shall become effective within one year following the adoption of any rules providing for such increased efficiency standards. The commission may apply for a waiver of federal preemption in accordance with federal procedures for those products regulated by the federal government. The commission may adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this section.

339-F:6 Testing Procedures. The commission shall adopt procedures for testing the energy efficiency of the new products listed in RSA 339-F:2, I if such procedures are not provided for in the state building code as defined in RSA 155-A. The commission shall use United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally-recognized test methods. The manufacturers of such products shall cause samples of such products to be tested in accordance with the test procedures adopted pursuant to this section or those specified in the state building code.

339-F:7 Certification and Identification.

I. Manufacturers of new products listed in RSA 339-F:2, I shall certify to the commission that such products are in compliance with the provisions of this chapter. The commission shall adopt rules, pursuant to RSA 541-A, governing the certification of such products and may work in coordination with the certification program of other states with like standards.

II. Manufacturers of new products listed in RSA 339-F:2, I shall identify each such product offered for sale or installed 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. The commission shall adopt rules, pursuant to RSA 541-A, governing the identification of such products and may work in coordination with the labeling program of other states with like standards.

339-F:8 Inspections. The commission may cause periodic inspections to be made of distributors or retailers of new products listed in RSA 339-F:2, I in order to determine compliance with the provisions of this chapter. The commission shall also work with local enforcement agencies to coordinate inspections for new products that are also covered by the state building code.

339-F:9 Enforcement; Penalties The commission shall cause investigations to be made of 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 commission for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation of this chapter shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.

2 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0438

Revised 2/10/03

SB 105 FISCAL NOTE

AN ACT establishing state appliance and equipment energy efficiency standards.

FISCAL IMPACT:

The Public Utilities Commission states this bill will decrease state, county, and local expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on state, county, and local revenue.

METHODOLOGY:

The Commission states this bill establishes efficiency standards for certain appliances and directs the Commission to adopt procedures for testing energy efficiency products, allows for the enforcement of such standards, certifies manufacturers, adopts rules governing the identification of such appliances through a labeling program, and periodically inspect and enforce the rules against violators in coordination with the Department of Justice. Appliance efficiency standards would result in savings to utility customers but the amount of such savings for state, county, and local government utility customers cannot be determined at this time. Costs to governmental utility customers could increase as a result of implementation of this bill, depending on the extent which the Commission investigates, audits compliance, tests, monitors, and enforces appliance standards. The Commission states total costs for implementation of this bill would range from minimal costs for a part time clerical employee and supplies that could be absorbed in the Commission's existing budget, to $52,376 for salary, benefit, and supply costs for a labor grade 24 position. Costs would be included in the budget for the calculation of utility assessments, but the impact on governmental utility customers would be minimal. The Commission assumes that the overall savings of this bill would exceed the costs.

The Department of Justice states this bill will have no fiscal impact on the Department.