HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
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 legislature finds that the high cost of living in Hawaii adds to the importance of adopting policies that promote and encourage energy efficiency, which can provide relief for families and businesses faced with high utility bills. Without state appliance efficiency standards to provide consumer protection, appliance manufacturers may unload less efficient appliances in Hawaii that they cannot sell in other states with heightened standards and as a result, Hawaii residents risk losing as much as $1,000,000,000 in unnecessary energy waste due to inefficient appliances. Multiple states, including California, Colorado, Connecticut, Oregon, Rhode Island, Vermont, and Washington, have adopted state appliance efficiency standards.
The legislature further finds that new appliance efficiency standards have the potential to save Hawaii families and businesses billions of dollars while conserving energy and water resources. According to a 2017 national study from the American Council for an Energy-Efficient Economy, Hawaii has the best opportunity in the nation to save money through the implementation of appliance efficiency standards. The study found that by adopting appliance efficiency standards, Hawaii could save up to $1,000,000,000 in electricity costs over twenty years, which is the equivalent of about $215 annually for each Hawaii household. Although many appliances, such as refrigerators, dishwashers, and commercial air conditioners, are regulated by national appliance efficiency standards, the study found that states can save billions of dollars by adopting state-level appliance efficiency standards for appliances that are not regulated by national standards.
The legislature further finds that by adopting state appliance efficiency standards, the State, among other positive results, can:
(1) Provide a boost to the local economy, which occurs when consumers and businesses spend their economic savings on other goods and services;
(2) Protect consumers against manufacturers who would otherwise unload less efficient appliances that they cannot sell in states with heightened standards;
(3) Ensure that Hawaii residents do not miss out on potential savings while progress on standards at the national level is uncertain;
(4) Improve electric system reliability and potentially reduce the need for new energy and water infrastructures based on the resulting energy and water savings;
(5) Lower electricity bills for residents and businesses; and
(6) Reduce air pollutants and greenhouse gas emissions, which can result in public health benefits and help the State meet its clean energy and climate change mitigation targets.
Furthermore, the legislature finds that the cost of most appliances specifically listed in this Act are equal to the cost of non-compliant appliances, or available at a minimal cost premium.
The legislature recognizes the state of California as a leader in establishing state-level appliance efficiency standards that protect consumers and finds that the California appliance efficiency standards should be used as a model for Hawaii's standards.
The purpose of this Act is to require the department of business, economic development, and tourism to adopt minimum appliance efficiency standards for certain products sold or installed in the State.
SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . appliance efficiency standards
§196-A Purpose. The purpose of this part is to direct the department of business, economic development, and tourism to adopt minimum appliance efficiency standards for certain products sold or installed in the State consistent with existing appliance efficiency standards established in California.
§196-B Rules. (a) By January 1, 2021, the department of business, economic development, and tourism shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part; provided that any rules adopted shall be substantially equivalent to the existing appliance efficiency standards established in California; provided further that any determination by the department of business, economic development, and tourism in setting minimum efficiency standards shall be based upon a determination that:
(1) Increased efficiency standards would serve to promote energy or water conservation in the State; and
(2) The standard would be cost effective for consumers who purchase and use those new products.
(b) The department of business, economic development, and tourism may adopt by rule a more recent version of any efficiency standard to maintain or improve consistency with the appliance efficiency standards established in California; provided that:
(1) The resulting efficiency is equal to or greater than the efficiency achieved using the prior standard; and
(2) There is a one-year delay between the adoption of a rule and the enforcement of any new efficiency standard.
§196-C Scope. (a) The department of business, economic development, and tourism shall adopt appliance energy efficiency standards for:
(1) Computers and monitors;
(3) High color rendering index fluorescent lamps;
(4) Showerheads; and
(5) Spray sprinkler bodies;
provided that the department of business, economic development, and tourism shall not adopt any standard that is preempted by federal law.
(b) This part shall apply to the sale, lease, or rent and the offering for sale, lease, or rent of appliances and devices identified in subsection (a).
(c) This part shall 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.
(d) If any standard adopted pursuant to this part is subsequently preempted by federal law, all other state appliance efficiency standards not preempted shall remain in effect.
§196-D Implementation. (a) On or after January 1, 2021, no new computer, computer monitor, faucet, high color rendering index fluorescent lamp, showerhead, or spray sprinkler body shall be sold, leased, or rented, or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in rules adopted pursuant to this part.
(b) On or after January 1, 2022, no products shall be installed for compensation in the State unless the efficiency of the new products meets or exceeds the efficiency standards provided in rules adopted pursuant to this part."
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. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. This Act shall take effect on July 1, 2019.
Appliance Efficiency Standards; Energy Efficiency; Rules
Requires the department of business, economic development, and tourism to adopt minimum appliance efficiency standards for certain products sold or installed in the State that are substantially equivalent to existing appliance efficiency standards established in California. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.