Bill Text: AZ HB2347 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Energy efficiency standards; rules
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2018-01-22 - House read second time [HB2347 Detail]
Download: Arizona-2018-HB2347-Introduced.html
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REFERENCE TITLE: energy efficiency standards; rules |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2347 |
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Introduced by Representatives Engel: Andrade, Blanc, Clark, Epstein, Hernandez, Martinez, Salman
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AN ACT
amending sections 44‑1375, 44‑1375.01, 44‑1375.02 and 44‑1375.03, Arizona Revised Statutes; amending title 44, chapter 9, article 19, Arizona Revised Statutes, by adding section 44‑1375.04; relating to appliance and equipment energy efficiency standards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1375, Arizona Revised Statutes, is amended to read:
44-1375. Definitions
In this article, unless the context otherwise requires:
1. "Automatic commercial icemaker" means a factory made assembly that is shipped in one or more packages, that consists of a condensing unit and icemaking section operating as an integrated unit, that makes and harvests ice cubes and that may store or dispense ice. Automatic commercial icemaker includes machines with capacities between fifty and two thousand five hundred pounds per twenty-four hours.
2. "Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions such as voltage, current and waveform for starting and operating the lamp.
3. "Commercial clothes washer" means a soft mount horizontal or vertical axis clothes washer that both:
(a) Has a clothes container compartment no greater than three and one‑half cubic feet in the case of a horizontal axis product or no greater than four cubic feet in the case of a vertical axis product.
(b) Is designed for use by more than one household, such as in multifamily housing, apartments or coin laundries.
4. "Commercial prerinse spray valve" means a handheld device designed to spray water on dishes, flatware and other food service items for the purpose of removing food residue prior to cleaning.
5. "Commercial refrigerator, freezer and refrigerator freezer" means self-contained refrigeration equipment that:
(a) Is not a consumer product as regulated pursuant to 42 United States Code chapter 77.
(b) Operates at a chilled, frozen, combination chilled‑frozen or variable temperature for the purpose of storing or merchandising food, beverages or ice.
(c) May have transparent or solid or both transparent and solid hinged doors, sliding doors or a combination of hinged and sliding doors.
(d) Incorporates most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet.
(e) Does not include:
(i) Units with eighty-five cubic feet or more of internal volume.
(ii) Walk-in refrigerators or freezers.
(iii) Units with no doors.
(iv) Freezers specifically designed for ice cream.
6. "General service lamp":
(a) Beginning on the effective date of this amendment to this section through December 31, 2019, has the same meaning prescribed in 10 Code of Federal Regulations section 430.2 in effect until January 1, 2020.
(b) From and after December 31, 2019, has the same meaning prescribed in 10 Code of Federal Regulations section 430.2 in effect beginning on January 1, 2020.
6. 7. "High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas and in which the light producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.
7. 8. "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place to identify a building exit and that consists of an electrically powered integral light source that both illuminates the legend "exit" and any directional indicators and provides contrast between the legend, any directional indicators and the background.
8. 9. "Large packaged air conditioning equipment" means electrically operated, air cooled air conditioning and air conditioning heat pump equipment that has cooling capacity greater than or equal to two hundred forty thousand BTU per hour but less than seven hundred sixty thousand BTU per hour and that is built as a package and shipped as a whole to end user sites.
9. 10. "Low voltage dry type distribution transformer" means a transformer to which all of the following apply:
(a) Has an input voltage of six hundred volts or less.
(b) Is air cooled.
(c) Does not use oil as a coolant.
(d) Is rated for operation at a frequency of sixty hertz.
10. 11. "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.
11. 12. "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.
12. 13. "Portable electric spa" means a factory-built electric spa or hot tub that is supplied with equipment for heating and circulating water.
13. 14. "Probe start metal halide ballast" means a ballast used to operate metal halide lamps that does not contain an ignitor and which that instead starts lamps by using a third starting electrode probe in the arc tube.
14. 15. "Pulldown refrigerator" means a commercial refrigerator specifically designed to rapidly reduce all integrated product temperatures from ninety degrees fahrenheit to thirty-eight degrees fahrenheit over a twelve hour period when fully loaded with beverage containers.
15. 16. "Residential pool pump" means a pump that is used to circulate and filter residential swimming pool water in order to maintain clarity and sanitation and that consists, in part, of a motor and an impeller and housing.
16. 17. "Residential pool pump motor" means a definite purpose motor designed for use in a residential pool pump.
17. 18. "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/female electrical connection, cable, cord or other wiring.
(f) Does not have batteries or battery packs, including those that are removable and 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.
(h) Has a nameplate output power less than or equal to two hundred fifty watts.
18. 19. "Torchiere" means a portable electric lighting fixture with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. A torchiere may include downward directed lamps in addition to the upward, indirect illumination.
19. 20. "Traffic signal module" means a standard eight inch or twelve inch traffic signal indication, consisting of a light source, a lens and all other parts necessary for operation.
20. 21. "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 to change the original voltage or current value. Transformer does not include:
(a) Transformers with multiple voltage taps, with the highest voltage tap equaling at least twenty per cent percent more than the lowest voltage tap.
(b) 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 that are unlikely to be used in general purpose applications.
21. 22. "Unit heater" means a self-contained, vented fan type commercial space heater that uses natural gas or propane and that is designed to be installed without ducts within a heated space, except that unit heater does not include any products covered by federal standards established pursuant to 42 United States Code chapter 77 or any product that is a direct vent, forced flue heater with a sealed combustion burner.
Sec. 2. Section 44-1375.01, Arizona Revised Statutes, is amended to read:
44-1375.01. Applicability
A. This article applies to the following types of new products sold, offered for sale or installed in this state:
1. Automatic commercial icemakers.
2. Commercial clothes washers.
3. Commercial prerinse spray valves.
4. Commercial refrigerators, freezers and refrigerator freezers.
5. Illuminated exit signs.
6. Large packaged air conditioning equipment.
7. Low voltage dry type distribution transformers.
8. Metal halide lamp fixtures.
9. Single voltage external AC to DC power supplies.
10. Torchieres.
11. Traffic signal modules.
12. Unit heaters.
13. Portable electric spas.
14. Residential pool pumps and residential pool pump motors.
B. This article does not apply to:
1. New products manufactured in this state and sold outside this state.
2. New products manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state.
3. Products installed in mobile manufactured homes at the time of construction.
4. Products designed expressly for installation and use in recreational vehicles.
5. Products installed in a laundry facility located within an apartment complex or mobile home park at the time of construction or replacement. For the purposes of this paragraph, "apartment complex" means any real property that has one or more structures and that contains four or more dwelling units for rent or lease that are subject to the Arizona residential landlord and tenant act prescribed by title 33, chapter 10.
6. General service lamps.
7. Each product for which the department of environmental quality is required to adopt an efficiency or water conservation standard by rule pursuant to section 44‑1375.02.
Sec. 3. Section 44-1375.02, Arizona Revised Statutes, is amended to read:
44-1375.02. Standards; department of environmental quality rules
A. Except as provided in subsection C, the following standards apply beginning January 1, 2008:
1. Automatic commercial icemakers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005.
2. Commercial clothes washers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005.
3. Commercial prerinse spray valves shall have a flow rate equal to or less than 1.6 gallons per minute.
4. Commercial refrigerators, freezers and refrigerator freezers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005, except that pulldown refrigerators with transparent doors shall meet a requirement five per cent percent less stringent than shown in the California regulations.
5. Illuminated exit signs shall have an input power demand of five watts or less per illuminated face and shall either have a power factor of at least 0.70 or meet the power factor product specification of the energy star program requirements, whichever is higher.
6. Large packaged air conditioning equipment shall meet a minimum energy efficiency ratio of 10.0 for air conditioning without an integrated heating component or with electric resistance heating integrated into the unit, 9.8 for air conditioning with heating other than electric resistance integrated into the unit, 9.5 for air conditioning heat pumps without an integrated heating component or with electric resistance heating integrated into the unit and 9.3 for air conditioning heat pump equipment with heating other than electric resistance integrated into the unit. Large packaged air conditioning heat pumps shall meet a minimum coefficient of performance in the heating mode of 3.2 measured at a high temperature rating of forty-seven degrees Fahrenheit.
7. Through December 31, 2010, low voltage dry type distribution transformers shall meet the class 1 efficiency levels for low 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), in effect on August 12, 2005.
8. Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to one hundred fifty watts but less than or equal to five hundred watts shall not contain a probe start metal halide lamp ballast.
9. Single voltage external AC to DC power supplies shall meet the tier one energy efficiency requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005. 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.
10. Torchieres shall not use more than one hundred ninety watts. A torchiere shall be deemed to use more than one hundred ninety watts if any commercially available lamp or combination of lamps can be inserted in its socket and cause the torchiere to draw more than one hundred ninety watts when operated at full brightness.
11. 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 that took effect in February 2001, shall have a power factor of at least 0.90 and shall be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems.
12. Unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper.
B. Beginning January 1, 2012, the following standards apply:
1. Portable electric spas shall not have a normalized standby power greater than five times the spa's fill volume in gallons raised to the two‑thirds power.
2. Residential pool pumps and residential pool pump motors shall comply with both of the following:
(a) Motors shall not be split-phase or capacitor start-induction run type motors, except for the following:
(i) The low-speed section of two‑speed motors may be capacitor start‑induction run type.
(ii) Forty‑eight‑frame motors designed for use with aboveground pools are exempt from this requirement.
(b) Motors with a total horsepower capacity of one or more shall have the capability of operating at two or more speeds with a low speed having a rotation rate that is no more than one‑half of the motor's maximum rotation rate and shall be operated with a pump control with the capability of operating the pump at two or more speeds. Residential pool pump motor controls that are sold for use with a two or more speed motor shall have a default circulation speed setting no more than one‑half of the motor's maximum rotation rate. Any high speed override capability shall be for a temporary period not to exceed one twenty‑four hour cycle without resetting to the default setting.
C. The standards prescribed by subsection A of this section apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.
D. Beginning on May 31, 2008, and every three years thereafter until May 31, 2017, the governor's energy office shall conduct a comparative review and assessment of the standards prescribed by subsection A this article and energy efficiency standards adopted in other states. The governor's energy office shall:
1. Submit a report of its findings and recommendations to the speaker of the house of representatives and president of the senate.
2. Provide a copy of the report to the secretary of state.
E. Beginning on May 31, 2020, and every three years thereafter, the department of environmental quality shall conduct a comparative review and assessment of the standards prescribed by this article and energy efficiency standards adopted in other states. The department of environmental quality shall:
1. Submit a report of its findings and recommendations to the speaker of the house of representatives and president of the senate.
2. Provide a copy of the report to the secretary of state.
F. Notwithstanding any other law, The department of environmental quality shall adopt rules that establish:
1. Minimum efficiency and water conservation standards for each product that is subject to a standard under 10 Code of Federal Regulations parts 430 and 431 as in effect on the effective date of this amendment to this section. The minimum standard and the testing protocol for each product shall be the same as adopted in 10 Code of Federal Regulations parts 430 and 431 as in effect on the effective date of this amendment to this section.
2. A minimum efficacy standard for general service lamps of forty‑five lumens per watt when tested in accordance with 10 code of federal regulations section 430.23(gg) as in effect on the effective date of this amendment to this section.
Sec. 4. Section 44-1375.03, Arizona Revised Statutes, is amended to read:
44-1375.03. Certification and compliance; violation; civil penalty
A. Except as provided in subsection B of this section, beginning January 1, 2008:
1. A. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person knowingly sells or installs a product that does not meet or exceed an applicable energy efficiency standard set forth in or adopted pursuant to section 44‑1375.02.
2. B. Manufacturers shall certify in writing to the governor's energy office department of environmental quality that products sold in this state meet the efficiency standards of this article. Certification to other states with like standards that publish databases of compliant products shall be permitted as an alternative to certifying to the energy office department of environmental quality.
B. The requirements prescribed by subsection A of this section apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.
C. A deceptive trade practice pursuant to subsection A, paragraph 1 of this section is an unlawful practice under section 44‑1522 and subject to enforcement by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title. Notwithstanding section 44‑1531, the penalty for a violation of this section shall be is a civil penalty of not more than five hundred dollars per violation. All monies collected as civil penalties pursuant to this subsection shall be deposited into in the state general fund.
Sec. 5. Title 44, chapter 9, article 19, Arizona Revised Statutes, is amended by adding section 44-1375.04, to read:
44-1375.04. Implementation
A. If federal preemption under 42 United States Code section 6297 applies to a standard adopted pursuant to this article for a product, the standard established by the department of environmental quality pursuant to section 44-1375.02 becomes enforceable on the occurrence of the earliest of the following:
1. The federal energy or water conservation standard for the product under 42 United States Code chapter 77 is withdrawn, repealed or otherwise voided. this paragraph does not apply to any federal energy or water conservation standard set aside by a court of competent JURISDICTION on the petition of a person who is adversely affected by the rule as provided in 42 United States Code section 6306(b).
2. A waiver of federal preemption is issued pursuant to 42 United States Code section 6297(d).
B. The federal energy standard for general service lamps is withdrawn, repealed or otherwise voided within the meaning of subsection A of this section if it is not effective on January 20, 2020 pursuant to 10 code of federal regulations part 430.
