New Jersey-2010-A1733-Introduced

An Act concerning energy efficiency standards for certain products, supplementing P.L.1975, c.217 (C.52:27D-119 et seq.), and amending and supplementing P.L.2005, c.42.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2005, c.42 (C.48:3-99) is amended to read as follows:

1. As used in [this act] P.L.2005, c.42 (C.48:3-99 et seq.):

"Air-cooled very large commercial package air conditioning and heating equipment'' means air-cooled, water-cooled, evaporative-cooled or water source (but not ground water source), electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application that are rated at or above 240,000 Btu per hour and below 760,000 Btu per hour in cooling capacity;

"Board" means the Board of Public Utilities;

"Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water;

"Coefficient of performance" means the ratio of heating capacity in watts to the power input values in watts obtained at standards rating conditions;

"Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in: applications where the occupants of more than one household will be using it, including multi-family housing common areas and coin laundries; or 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 hot food holding cabinet" means a heated, fully-enclosed compartment with one or more solid or glass doors that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. "Commercial hot food holding cabinet" shall not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances;

"Commercial refrigerator, freezer, and refrigerator-freezer equipment" means refrigeration equipment that: [a.] (1) is not a consumer product; [b.] (2) operates at a chilled, frozen, combination chilled/frozen, or variable temperature; [c.] (3) displays or stores merchandise either horizontally, semi-vertically, or vertically; [d.] (4) may have transparent or solid hinged doors or both, sliding doors, a combination of hinged and sliding doors or no doors; [e.] (5) is designed either for pull-down temperature applications or holding temperature applications; and [f.] (6) is connected to a self-contained condensing unit;

"Electricity ratio" means the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*Eae)/(1000*Ef + 3.412*Eae) where Eae (average annual auxiliary electrical consumption) and Ef (average annual fuel energy consumption) are defined in Appendix N to subpart B of part 430 of title 10, Code of Federal Regulations, and Ef is expressed in millions of British thermal units (Btus) per year;

"Energy efficiency ratio" means the ratio of the cooling capacity in Btu per hour to the power input values in watts obtained at standard rating conditions expressed in Btu per watt-hours;

"Holding temperature applications" means commercial refrigerator, freezer, and refrigerator-freezer equipment that is not designed for "pull-down" temperature applications;

"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 sign is not transparent;

"Low-voltage dry-type distribution transformer" means a transformer with an input voltage of 600 volts or less, is between 14kVa and 2,501kVa in size, is air-cooled, and does not use oil as a coolant, and does not include those types of transformers specifically excluded from the low voltage dry-type distribution transformer definition published in the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations, as amended in November 2002;

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

"Pull-down temperature applications" means commercial refrigerator, freezer, and refrigerator-freezer equipment specifically designed to rapidly reduce all product content temperatures from various ambient temperatures at a minimum reduction rate of 4.3 degrees Fahrenheit per hour over a 12-hour period to an overall integrated product temperature equal to 38 degrees Fahrenheit when fully loaded with beverage containers;

"Residential furnace" means a self-contained space heater designed to supply heated air through ducts of more than 10 inches length and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas or propane and which: (1) is designed to be the principle heating source for the living space of one or more residences; (2) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour; and (3) has a heat input rate of less than 225,000 Btu per hour;

"Self-contained condensing unit" means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories;

"Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl directing light upward to provide indirect illumination;

"Traffic signal module" means a standard 8-inch (200 mm) or 12-inch (300 mm) round traffic signal indication, consisting of a light source, lens and all parts necessary for operation, and communicates movement messages to drivers through red, amber and green colors, and may include arrow modules in the same colors 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 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, Pub.L.102-486; [and] and

"Water dispenser" means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.

(cf: P.L.2005, c.42, s.1)

2. Section 2 of P.L.2005, c.42 (C.48:3-100) is amended to read as follows:

2. a. The provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) 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:

(1) commercial clothes washers;

(2) commercial refrigerators and freezers;

(3) illuminated exit signs;

(4) air- cooled very large commercial package air conditioning and heating equipment;

(5) low-voltage dry-type distribution transformers;

(6) torchiere lighting fixtures;

(7) traffic signal modules; and

(8) unit heaters.

b. The provisions of P.L.2005, c.42 (C.48:3-99 et seq.) shall also 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:

(1) bottle-type water dispensers;

(2) commercial hot food holding cabinets; and

(3) residential furnaces.

The board may propose to the President of the Senate and the Speaker of the General Assembly, and the chairs of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or the respective successor committees, every three years a list of new standards for products not specifically listed in this subsection. When considering new products to propose to the President of the Senate, the Speaker of the General Assembly, and the chairs of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, the board shall determine that any new or increased efficiency standard for a certain product would serve to promote energy conservation in the State, be life cycle cost effective for consumers who purchase and use the new products, and be technologically feasible and economically justified.

c. The provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) 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.

(cf P.L.2005, c.42, s.2)

3. Section 3 of P.L.2005, c.42 (C.48:3-101) is amended to read as follows:

3. Within one year of the effective date of [this act] P.L.2005, c.42 (C.48:3-99 et seq.), the Board of Public Utilities [, in consultation with the Commissioner of Environmental Protection,] and the Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing minimum energy efficiency standards for the types of new products set forth in subsection a. of section 2 of [this act] P.L.2005, c.42 (C.48:3-100). Rules and regulations adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.2005, c.42 (C.48:3-99 et seq.) shall require that all such new products, when used in construction or installed in a building or structure, conform to the minimum efficiency standards set forth in this section. The rules and regulations adopted pursuant to this section shall provide for the following minimum efficiency standards:

a. Commercial clothes washers shall meet the following requirements [set forth in Table P-3 of section 1605.3, California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4, Appliance Efficiency Regulations], provided that such washers shall not be required to meet the modified energy factor requirements until 2007 and shall not be required to meet the water factor requirements until 2010:

Standards for Commercial Clothes Washers
Appliance	Clothes Container Component Capacity (ft)	Minimum Modified Energy Factor Effective January 1, 2007	Minimum Water Factor Effective January 1, 2010
Front-loading washers	<3.5ft.	1.26	9.5
Top-loading washers	<1.6ft.	0.65	9.5
Top-loading washers	>=1.65ft and <4ft	1.26	9.5

Commercial top-loading semi-automatic clothes washers and commercial suds-savings clothes washers manufactured on or after January 1, 2005 shall have an unheated rinse option;

b. (1) Each self-contained commercial refrigerator, freezer, and refrigerator-freezer equipment designed for holding temperature applications sold on or after January 1, 2010, shall meet the following standards:

(a) Refrigerators with solid doors: 0.10 times V plus 2.04 kilowatt hours per day;

(b) Refrigerators with transparent doors: 0.12 times V plus 3.34 kilowatt hours per day;

(d) Freezers with transparent doors: 0.75 times V plus 4.10 kilowatt hours per day;

(e) Refrigerators/freezers with solid doors: the greater of 0.27 times AV minus 0.71 kilowatt hours per day or 0.70 kilowatt hours per day; and

(f) Refrigerators/freezers with separate refrigeration systems: the sum of the standard applicable to the refrigerator and the standard applicable to the freezer.

For refrigerators, freezers, and refrigerator-freezers with doors, the rating temperatures shall be the integrated average temperature of 38 degrees Fahrenheit (plus or minus two degrees Fahrenheit) for refrigerator compartments and zero degrees Fahrenheit (plus or minus two degrees Fahrenheit for freezer compartments).

(2) Each self-contained commercial refrigerator, freezer, and refrigerator-freezer equipment designed for pull-down temperature applications sold on or after January 1, 2010, shall meet the following standards:

(a) Refrigerators with transparent doors: 0.126 times V plus 3.51 kilowatt hours per day; and

(b) Freezers with transparent doors: 0.788 times V plus 4.3 kilowatt hours per day.

As used in this subsection, "V" means the chilled or frozen compartment volume in cubic feet as defined in the Association of Home Appliance Manufacturers Standard HRF1-1979; "integrated average temperature" means the average temperature of all test package measurements taken during the test; and "AV" means the adjusted volume in cubic feet defined as 1.63 times the frozen temperature compartment volume in cubic feet plus the chilled temperature compartment volume in cubic feet;

c. Illuminated exit signs shall meet the requirements of the "Energy Star Program Requirements for Exit Signs" developed by the United States Environmental Protection Agency;

d. Each air-cooled very large commercial package air conditioning and heating equipment sold on or after January 1, 2010, shall meet the following standards:

(1) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour in cooling capacity and less than 760,000 Btu per hour in cooling capacity shall be 10.0 for equipment with no heating or electric resistance heating and 9.8 for equipment with all other heating system types that are integrated into the equipment at a standard rating of 95 degrees Fahrenheit dry bulb.

(2) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per hour in cooling capacity and less than 760,000 Btu per hour in cooling capacity shall be 9.5 for equipment with no heating or electric resistance heating and 9.3 for equipment with all other heating system types that are integrated into the equipment at a standard rating of 95 degrees Fahrenheit dry bulb.

(3) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 240,000 Btu per hour in cooling capacity and less than 760,000 Btu per hour in cooling capacity shall be 3.2 at a high temperature rating of 47 degrees Fahrenheit dry bulb;

e. 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-1-1996;

f. 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;

g. Traffic signal modules shall meet the product specifications of the "Energy Star Program Requirements for Traffic Signals" developed by the United States Environmental Protection Agency; and

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

(cf: P.L.2005, c.42, s.3)

4. (New section) Within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Board of Public Utilities and the Commissioner of Community Affairs, in consultation with any other appropriate State agencies, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing minimum efficiency standards for the types of new products set forth in subsection b. of section 2 of P.L.2005, c.42 (C.48:3-100). Rules and regulations adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.2005, c.42 (C.48:3-99 et seq.) shall require that all such new products, when used in construction or installed in a building or structure, conform to the minimum efficiency standards set forth in this section. The rules and regulations adopted pursuant to this section shall provide for the following minimum efficiency standards:

a. Bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt-hours per day, as measured in accordance with the test criteria contained in version 1 of the United States Environmental Protection Agency's "Energy Star Program Requirements for Bottled Water Coolers," except units with an integral, automatic timer shall not be tested using Section D, "Timer Usage," of the test criteria;

b. Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" in ASTM F2140-01, "Standard Test Method for Performance of Hot Food Holding Cabinets" published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency's "Energy Star Program Requirements for Commercial Hot Food Holding Cabinets" in effect on August 15, 2003;

c. (1) Residential furnaces shall comply with the following Annual Fuel Utilization Efficiency (AFUE), electricity ratio and design requirements:

Product Type

Minimum

AFUE

Maximum

Electricity

Ratio

Design Requirements

Natural gas- and

propane-fired furnaces

90%

2.0%

none

; and

(2) If the cost of installation of a natural gas- or propane-fired furnace cannot be recovered within seven years, that furnace shall not be required to meet the 90% minimum AFUE standard pursuant to this subsection .

5. (New section) The Board of Public Utilities and the Commissioner of Community Affairs may establish, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), increased efficiency standards on the products listed in section 3 of P.L.2005, c.42 (C.48:3-101) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The board may apply for a waiver of federal preemption in accordance with federal procedures set forth at 42 U.S.C. s.6297 (d) for those products regulated by the federal government.

6. Section 4 of P.L.2005, c.42 (C.48:3-102) is amended to read as follows:

4. a. Except as provided in subsection c. of this section, within two years of the effective date of [this act] P.L.2005, c.42 (C.48:3-99 et seq.), no new product of a type set forth in subsection a. of section 2 of [this act] P.L.2005, c.42 (C.48:3-100) may 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 the rules and regulations adopted pursuant to section 3 of [this act] P.L.2005, c.42 (C.48:3-101). The sale or offering for sale of any new product in violation of this section, if there is no regular or intended use of the product other than in building construction or installation in a building or structure, or if the product is publicly advertised or otherwise promoted for use in building construction or installation in a building or structure, shall constitute a violation of paragraph (5) of subsection a. of section 20 of P.L.1975, c.217 (C.52:27D-138).

b. Except as provided in subsection c. of this section, within three years of the effective date of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) , no new product for a type set forth in subsection a. of section 2 of [this act] P.L.2005, c.42 (C.48:3-100) may be installed in the State unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in the rules and regulations adopted pursuant to section 3 of [this act] P.L.2005, c.42 (C.48:3-101) .

c. The standards for commercial refrigerator, freezer, and refrigerator-freezer equipment and for air-cooled very large commercial package air conditioning and heating equipment become effective for equipment sold or installed in this State on or after January 1, 2010.

d. Any bottle-type water dispenser or commercial hot food holding cabinet sold or offered for sale in the State and manufactured after January 1, 2009 shall meet or exceed the efficiency standards set forth in the rules and regulations adopted pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. No later than six months after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Board of Public Utilities and the Commissioner of Community Affairs, in consultation with the Attorney General, shall determine if implementation of State standards for residential furnaces requires a waiver from federal preemption. The board and the Commissioner of Community Affairs shall make separate determinations for each part of the State standards including minimum AFUE and maximum electricity ratio. If the board and the Commissioner of Community Affairs determine that a waiver from federal preemption is not needed for any part, then on or after January 1, 2009, or the date which is one year after the date of that determination, if later, no new residential furnace may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the applicable non-preempted part of the efficiency standards set forth in the rules and regulations adopted pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the board and the Commissioner of Community Affairs determine that a waiver from federal preemption is required for all or part of the State standards, then the board and the commissioner shall apply for such waiver within one year of that determination. Upon approval of the waiver application, the applicable State standards shall go into effect at the earliest date permitted by federal law.

(cf: P.L.2005, c.42, s.4)

7. Section 5 of P.L.2005, c.42 (C.48:3-103) is amended to read as follows:

5. a. The Board of Public Utilities [, in consultation with the Commissioner of Environmental Protection,] and the Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), procedures for testing the energy efficiency of the new products covered by section 2 of [this act] P.L.2005, c.42 (C.48:3-100) if such procedures are not already provided for in the [standard building code of New Jersey] State Uniform Construction Code adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.). The board and the Commissioner of Community Affairs 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 appliances to be tested in accordance with the test procedures adopted pursuant to this section or those specified in the [standard building code of New Jersey] State Uniform Construction Code .

b. Manufacturers of new products covered by section 2 of [this act] P.L.2005, c.42 (C.48:3-100), shall certify to the board and to the Commissioner of Community Affairs that such products are in compliance with the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) or with applicable preemptive federal standards, as the case may be. The board [, in consultation with the commissioner,] and the Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations governing the certification of such products and may propose to work in coordination with the certification program of other states with similar standards.

c. The board may test products covered by section 2 of [this act] P.L.2005, c.42 (C.48:3-100) using an accredited testing facility. If products so tested are found not to be in compliance with the minimum efficiency standards established under section 3 of [this act] P.L.2005, c.42 (C.48:3-101) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the [commissioner] board shall: (1) charge the manufacturer of such products for the cost of product purchase and testing [,] ; and (2) in cooperation with the Commissioner of Community Affairs, provide information to the public on products found not to be in compliance with the standards.

d. Testing procedures for commercial refrigerator, freezer, and refrigerator-freezer equipment and for air-cooled very large commercial package air conditioning and heating equipment shall be as follows:

(1) commercial refrigerator, freezer, and refrigerator-freezer equipment shall be tested in accordance with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 117-2002 - "Method of Testing Closed Refrigerators" (ANSI Approved) [.] ; and

(2) air-cooled very large commercial package air conditioning and heating equipment shall be tested in accordance with Air-Conditioning and Refrigeration Institute Standard 340/360-2000 "Commercial and Industrial Unitary Air-Conditioning and Heat Pump Equipment" (ANSI Approved).

(cf: P.L.2005, c.42, s.5)

8. Section 6 of P.L.2005, c.42 (C.48:3-104) is amended to read as follows:

6. The Board of Public Utilities [, in consultation with the Commissioner of Environmental Protection,] and the Commissioner of Community Affairs may cause periodic inspections to be made of distributors or retailers of new products covered by section 2 of [this act] P.L.2005, c.42 (C.48:3-100) in order to determine compliance with the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.). The [board shall also work with the Commissioner of Community Affairs to coordinate the inspections for new products that are also covered by the standard building code of New Jersey] sale or offering for sale of any new product in violation of P.L.2005, c.42 (C.48:3-99 et seq.), if there is no regular or intended use of the product other than in building construction or installation in a building or structure, or if the product is publicly advertised or otherwise promoted for use in building construction or installation in a building or structure, shall constitute a violation of paragraph (5) of subsection a. of section 20 of P.L.1975, c.217 (C.52:27D-138).

(cf: P.L.2005, c.42, s.6)

9. Section 7 of P.L.2005, c.42 (C.48:3-105) is amended to read as follows:

7. a. The Board of Public Utilities [, in consultation with the Commissioner of Environmental Protection,] shall cause investigations to be made of complaints received concerning violations of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) and shall report the results of such investigations to the Attorney General and the Commissioner of Community Affairs. The Attorney General may institute proceedings to enforce the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.). In addition, the Commissioner of Community Affairs shall enforce the provisions of P.L.2005, c.42 (C.48:3-99 et seq.) pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) with regard to any violation involving building construction or installation of any equipment or device in a building or structure.

b. A manufacturer, distributor or retailer who violates any provision of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) shall be issued a warning by the board for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. Penalties assessed under [this act] P.L.2005, c.42 (C.48:3-99 et seq.) are in addition to costs assessed pursuant to subsection c. of section 5 of [this act] P.L.2005, c.42 (C.48:3-103) and to penalties assessed pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

(cf: P.L.2005, c.42, s.7)

10. (New section) The Commissioner of Community Affairs shall enforce the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) with regard to any violation of P.L.2005, c.42 (C.48:3-99 et seq.) involving building construction or installation of any equipment or device in a building or structure.

11. Section 8 of P.L.2005, c.42 (C.48:3-106) is amended to read as follows:

8. The Board of Public Utilities [, in consultation with the Commissioner of Environmental Protection,] and the Commissioner of Community Affairs may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any further rules and regulations as may be necessary to implement the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.).

(cf: P.L.2005, c.42, s.8)

12. This act shall take effect immediately.

STATEMENT

This bill requires the Board of Public Utilities ("board") and the Commissioner of Community Affairs to establish minimum energy efficiency standards for the following types of new products sold, offered for sale, or installed in the State:

(1) bottle-type water dispensers;

(2) commercial hot food holding cabinets; and

(3) natural gas- and propane-fired residential furnaces.

The bill also clarifies the minimum efficiency standard contained in current law for commercial clothes washers. Current law, P.L.2005, c.42 (C.48:3-99 et seq.), established a minimum efficiency standard for commercial clothes washers by referencing a specific section of the California Code of Regulations. This bill would instead specify the standard rather than providing a reference to California's regulations.

The board may propose to the President of the Senate and the Speaker of the General Assembly, and the chairs of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or the respective successor committees, every three years a list of new standards for products not specifically listed in the bill. When considering new products to propose, the board would need to determine that any new or increased efficiency standard for a certain product would serve to promote energy conservation in the State, be life cycle cost effective for consumers who purchase and use the new products, and be technologically feasible and economically justified.

The bill does not apply to: new products manufactured in the State and sold outside the State; new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State; products installed in mobile manufactured homes at the time of construction; or products designed expressly for installation and use in recreational vehicles.

The bill provides for joint rulemaking power for the board and the Commissioner of Community Affairs and coordinated enforcement of the requirements of the bill, as they apply to building construction and to the installation of equipment and devices in buildings and structures, including the selling or offering for sale of such items for use in buildings and structures, pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

The bill further provides that any bottle-type water dispenser or commercial hot food holding cabinet sold or installed in the State and manufactured after January 1, 2009 must meet or exceed the minimum energy efficiency standards set forth in the bill.

Finally, the bill would provide that any bottle-type water dispenser or commercial hot food holding cabinet sold or installed in the State and manufactured after January 1, 2009 must meet or exceed the minimum energy efficiency standards set forth in the bill.