Efficiency Standards; Commercial and Residential Products
Establishes state appliance and equipment energy efficiency standards. Sets specific, up-to-date standards on selected commercial and residential products based on widely used efficiency criteria.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ENERGY EFFICIENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
ENERGY EFFICIENCY STANDARDS
§ -1 Purpose. This chapter establishes minimum energy efficiency standards for certain products sold or installed in the State.
§ -2 Findings. The legislature finds that:
(1) Efficiency standards for certain products sold or installed in the State assure consumers and businesses that these 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; and
(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.
§ -3 Definitions. As used in this chapter, unless the context clearly requires otherwise:
"Ceiling fan" means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades.
"Ceiling fan light kit" means the equipment used to provide light from a ceiling fan. This equipment can be:
(1) Integral such that the ceiling fan light kit is hardwired to the ceiling fan; or
(2) 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 be included inside the ceiling fan package at the time of sale or sold separately for subsequent attachment to the fan.
"Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in:
(1) 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
(2) 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.
"Commercial refrigerators and freezers" means reach-in cabinets, pass-through cabinets, roll-in cabinets, and roll-through cabinets that have less than eighty-five cubic feet of capacity and that are not walk-in models or consumer products regulated under the National Appliance Energy Conservation Act of 1987 (Public Law 100-12).
"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.
"Digital television converter box" means a device that receives and decodes digital signals for display by an analog television set.
"Director" means the director of commerce and consumer affairs.
"Illuminated exit sign" means an internally-illuminated sign that is designed to be permanently fixed in place and used to identify an exit; a light source illuminates the sign or letters from within, and the background of the exit sign is not transparent.
"Large packaged air-conditioning equipment" means packaged air-conditioning equipment having 240,000 Btu/hour or more of cooling capacity.
"Low voltage dry-type distribution transformer" means a distribution transformer that:
(1) Has an input voltage of 600 volts or less;
(2) Is between 14 kVa and 2,501 kVa in size;
(3) Is air-cooled; and
(4) Does not use oil as a coolant.
"Packaged air-conditioning equipment" means air-conditioning equipment that is built as a package and shipped as a whole to end-user sites.
"Pass-through cabinet" means a commercial refrigerator or commercial freezer with hinged or sliding doors on both the front and rear of the refrigerator or freezer.
"Reach-in cabinet" means a commercial refrigerator, commercial refrigerator-freezer, or commercial freezer with hinged or sliding doors or lids, but excluding roll-in or roll-through cabinets and pass through cabinets.
"Roll-in or roll-through cabinet" means a commercial refrigerator or commercial freezer with hinged or sliding doors that allows wheeled racks of product to be rolled into or through the refrigerator or freezer.
"Set-top box" means a digital cable television box, wireless television receiver, or digital television converter box.
"Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl giving light directed upward so as to give indirect illumination.
"Traffic signal module" means a standard 8-inch (2OO mm) or 12-inch (3OO mm) round traffic signal indication, consisting of a light source, lens, and all parts necessary for operation, and communicating movement messages to drivers through red, amber, and green colors. Arrow modules in the same colors are used to indicate turning movements.
"Transformer" means a device consisting essentially of two 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.
"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 a 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 specifically defined under the federal Energy Policy Act of 1992 (Public Law 102-486).
"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.
§ -4 Scope. (a) This chapter applies 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:
(1) Ceiling fans and ceiling fan light kits;
(2) Commercial clothes washers;
(3) Commercial refrigerators and freezers;
(4) Illuminated exit signs;
(5) Large packaged air-conditioning equipment;
(6) Low voltage dry-type distribution transformers;
(7) Set-top boxes;
(8) Torchiere lighting fixtures;
(9) Traffic signal modules;
(10) Unit heaters; and
(11) Such other products as may be designated by the director in accordance with section -7.
(b) This chapter does 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.
§ -5 Efficiency standards. Not later than January 1, 2004, the director, in consultation with the director of business, economic development, and tourism, shall adopt rules, in accordance with chapter 91, establishing minimum efficiency standards for the types of new products set forth in section -4. The rules shall provide for the following minimum efficiency standards:
(1) Ceiling fans and ceiling fan light kits shall meet the tier 1 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;
(2) 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;
(3) Commercial refrigerators and freezers shall meet the August 1, 2004, 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 that took effect on November 27, 2002;
(4) Illuminated exit signs shall meet the product specification (version 2.0) of the "Energy Star Program Requirements for Exit Signs" developed by the United States Environmental Protection Agency;
(5) Large packaged air-conditioning equipment shall meet the tier 2 efficiency levels of the "Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners" and "Minimum Equipment Efficiencies for Heat Pumps" developed by the Consortium for Energy Efficiency, Boston, Massachusetts, and that took effect on July 1, 2002;
(6) 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;
(7) Set-top boxes shall meet the tier 2 criteria of the product specification of the United States Environmental Protection Agency's "Energy Star Program Requirements for Set-top Boxes" that took effect on January 1, 2001;
(8) 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;
(9) 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; and
(10) Unit heaters shall not have pilot lights and shall have either power venting or an automatic flue damper.
§ -6 Implementation. After December 31, 2004, no new product of a type set forth in section -4 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 -5. After December 31, 2005, no new product of a type set forth in section -4 may be installed 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 -5.
§ -7 New and revised standards. The director may establish increased efficiency standards on the products listed in section -4, and may also establish standards for products not specifically listed in section -4. In considering new or amended standards, the director, in consultation with the director of business, economic development, and tourism, 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 new products; provided that no new or increased efficiency standards shall become effective within one year following the adoption of any amended rules providing for increased efficiency standards. The director may apply for a waiver of federal preemption in accordance with federal procedures set forth in 42 United States Code section 6297(d) for those products regulated by the federal government.
§ -8 Testing, certification, labeling, and enforcement. (a) The director, in consultation with the director of business, economic development, and tourism, shall adopt procedures for testing the energy efficiency of the new products covered by section -4 if those procedures are not provided for in energy efficiency building standards required in county building codes by section 46-19.5. The director 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 these products shall cause samples of appliances to be tested in accordance with the test procedures adopted pursuant to this chapter or by section 46-19.5.
(b) Manufacturers of new products covered by section -4 shall certify to the director that these products are in compliance with this chapter. The director shall adopt rules governing the certification of these products and may work in coordination with the certification program of other states with similar standards.
(c) Manufacturers of new products covered by section -4 shall identify each product offered for sale or installed in the State as in compliance with this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The director shall adopt rules governing the identification of these products and packaging and may work in coordination with the labeling programs of other states with similar standards.
(d) The director may test products covered by section -4 using an accredited testing facility. If products so tested are found not to be in compliance with the minimum efficiency standards established under section -5, the director shall:
(1) Charge the manufacturer of that product for the cost of product purchase and testing; and
(2) Provide information to the public on products found not to be in compliance with the standards.
(e) The director may cause periodic inspections to be made of distributors or retailers of new products covered by section -4 in order to determine compliance with this chapter. The director shall also work with the director of business, economic development, and tourism to coordinate on inspections for new products that are also covered by energy efficiency building standards required in county building codes under section 46-19.5.
(f) The director shall cause investigations to be made of complaints received concerning violations of this chapter and shall report the results of the investigations to the attorney general. The attorney general may institute proceedings to enforce this chapter. Any manufacturer, distributor, or retailer who violates any provision of this chapter shall be issued a warning by the director for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. Penalties assessed under this subsection are in addition to costs assessed under subsection (d).
(g) The director may adopt additional rules pursuant to chapter 91 as may be necessary to insure the proper implementation and enforcement of this chapter."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. This Act shall take effect upon its approval.