HOUSE DOCKET, NO. 580        FILED ON: 1/11/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2832

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Josh S. Cutler

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to Energy Savings Efficiency (Energy SAVE).

_______________

PETITION OF:

HOUSE DOCKET, NO. 580        FILED ON: 1/11/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2832

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to Energy Savings Efficiency (Energy SAVE).

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 2 of chapter 25B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting before the definition of “'Ballast'” the following definition:-

“Air compressor” a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of a compression element (bare compressor), driver(s), mechanical equipment to drive the compressor element, and any ancillary equipment.

SECTION 2. Section 2 of chapter 25B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Central furnace” the following 6 definitions:-

“Color rendering index” or “CRI”, the measure of the degree of color-shift objects undergo when illuminated by a light source as compared to the color of those same objects when illuminated by a reference source of comparable color temperature.

“Commercial hot-food holding cabinet”, a heated, fully-enclosed compartment with 1 or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. A commercial hot-food holding cabinet shall not include heated glass merchandizing cabinets, drawer warmers or cook-and-hold appliances.

“Commercial dishwasher” a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse.

“Commercial fryer” an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas fryers).

“Commercial steam cooker,” also known as “compartment steamer,”  a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. Models may include countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.

“Compressor” a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1.3.

SECTION 3. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Compensation” the following 7 definitions:-

“Computer”, a device that performs logical operations and processes data, including both stationary and portable units, a desktop computer, a portable all-in-one, a notebook computer, a mobile gaming system, a high-expandability computer, a small-scale server, a thin client, and a workstation; provided however, such devices that are capable of using input devices and displays are not required to be included with the computer when the computer is shipped and provided further, that the term “computer” shall not include a tablet, a game console, a television, a device with an integrated and primary display that has a screen size of 20 square inches or less, a server other than a small-scale server, or an industrial computer. A computer is composed of, at a minimum:

(1) a central processing unit (CPU) to perform operations or, if no CPU is present, the device functions as a client gateway to a server that acts as a computational CPU;

(2) the ability to support user input devices such as a keyboard, mouse or touch pad; and

(3) an integrated display screen or the ability to support an external display screen to output information.

“Computer monitor”, an analog or digital device of size greater than or equal to 17 inches and less than or equal to 61 inches, that has a pixel density of greater than 5,000 pixels per square inch and is designed primarily for the display of computer-generated signals for viewing by 1 person in a desk-based environment. A computer monitor shall not include:

(1) a display with integrated or replaceable batteries designed to support primary operation without AC mains or external DC power, which includes, but is not limited to, electronic readers, mobile phones, portable tablets, battery-powered digital picture frames; and

(2) a television or signage display.

“Dual-duct portable air conditioner” a portable air conditioner that draws some or all of the condenser inlet air from outside the conditioned space through a duct attached to an adjustable window bracket, may draw additional condenser inlet air from the conditioned space, and discharges the condenser outlet air outside the conditioned space by means of a separate duct attached to an adjustable window bracket.

“Dual-flush effective flush volume”, the average flush volume of 2 reduced flushes and 1 full flush.

“Dual-flush water closet”, a tank-type water closet incorporating a feature that allows the user to flush the water closet with either a reduced or a full volume of water.

SECTION 4. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by striking out the definition of “High-intensity discharge lamp”.

SECTION 5. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Electricity Ratio (ER)” the following 3 definitions:-

“Faucet”, a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory or kitchen faucet.

“Flow rate”, the rate of water flow of a plumbing fitting.

SECTION 6. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “F96T12 Lamp” the following 3 definitions:-

“General service lamp”, a lamp that: (a) has an ANSI base; (b) is able to operate at a voltage of 12 volts or 24 volts, at or between 100 to 130 volts, at or between 220 to 240 volts or 277 volts for integrated lamps, or is able to operate at any voltage for non-integrated lamps; (c) has an initial lumen output of greater than or equal to 310 lumens, or 232 lumens for modified spectrum general service incandescent lamps, and less than or equal to 3,300 lumens; (d) is not a light fixture; (e) is not an LED downlight retrofit kit; and (f) is used in general lighting applications. General service lamps shall include, but shall not be limited to, general service incandescent lamps, compact fluorescent lamps, general service light-emitting diode lamps and general service organic light-emitting diode lamps. General service lamps shall not include:

(1) appliance lamps;

(2) black light lamps;

(3) bug lamps;

(4) colored lamps;

(5) G shape lamps with a diameter of 5 inches or more as defined in ANSI C79.1–2002;

(6) general service fluorescent lamps;

(7) high intensity discharge lamps;

(8) infrared lamps;

(9) J, JC, JCD, JCS, JCV, JCX, JD, JS and JT shape lamps that do not have Edison screw bases;

(10) lamps that have a wedge base or prefocus base;

(11) left-hand thread lamps;

(12) marine lamps;

(13) marine signal service lamps;

(14) mine service lamps;

(15) MR shape lamps that have a first number symbol equal to 16 (diameter equal to 2 inches) as defined in ANSI C79.1–2002, operate at 12 volts and have a lumen output greater than or equal to 800;

(16) other fluorescent lamps;

(17) plant light lamps;

(18) R20 short lamps;

(19) reflector lamps that have a first number symbol less than 16 (diameter less than 2 inches) as defined in ANSI C79.1–2002 and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28, E29/53x39, E39, E39d, EP39 or EX39 bases;

(20) S shape or G shape lamps that have a first number symbol less than or equal to 12.5 (diameter less than or equal to 1.5625 inches) as defined in ANSI C79.1–2002;

(21) sign service lamps;

(22) silver bowl lamps;

(23) showcase lamps;

(24) specialty MR lamps;

(25) T shape lamps that have a first number symbol less than or equal to 8 (diameter less than or equal to 1 inch) as defined in ANSI C79.1–2002 and nominal overall length less than 12 inches; or

(26) traffic signal lamps.

“High color rendering index fluorescent lamp”, a fluorescent lamp with a color rendering index of 87 or greater that is not a compact fluorescent lamp.

“Metering faucet”, a fitting that, when turned on, will gradually shut itself off over a period of several seconds.

SECTION 7. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “New appliance” the following 6 definitions:-

“On demand”, when the water cooler heats water as it is requested. 

“Plumbing fitting”, a device that controls and guides the flow of water in a supply system.

“Plumbing fixture”, an exchangeable device, which connects to a plumbing system to deliver and drain away water and waste.

“Portable air conditioner” a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned air to an enclosed space, and is powered by single-phase electric current. It includes a source of refrigeration and may include additional means for air circulation and heating and may be a single-duct or a dual-duct portable air conditioner.

“Portable electric spa”, a factory-built electric spa or hot tub which may or may not include any combination of integral controls, water heating or water circulating equipment.

“Pressure regulator” a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream.

SECTION 8. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Probe-start metal halide ballast” the following definition:-

“Public lavatory faucet”, a fitting intended to be installed in nonresidential bathrooms that are accessible to walk-in traffic.

SECTION 9. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Refrigerator-freezer” the following definitions:-

“Replacement aerator”, an aerator sold as a replacement, separate from the faucet to which it is intended to be attached.

SECTION 10. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Residential furnace or boiler” the following two definitions:-

“Residential ventilating fan”, a ceiling, wall-mounted, or remotely mounted in-line fan designed to be used in a bathroom or utility room, whose purpose is to move air from inside the building to the outdoors.

“Showerhead”, a device through which water is discharged for a shower bath and includes a handheld showerhead, but does not include a safety showerhead.

SECTION 11. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Single-voltage external AC to DC power supply” the following 4 definitions:-

“Single-duct portable air conditioner” a portable air conditioner that draws all of the condenser inlet air from the conditioned space without the means of a duct and discharges the condenser outlet air outside the conditioned space through a single duct attached to an adjustable window bracket.

“Standby power”, the average power in standby mode, measured in watts.

“Spray sprinkler body” the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

SECTION 12. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “State plumbing code” the following definition:-

“Storage-type”, thermally conditioned water that is stored in a tank in the water cooler and is available instantaneously, including, but not limited to, point of use, dry storage compartment and bottled water coolers.

SECTION 13. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Transformer” the following 5 definitions:-

“Trough-type urinal”, a urinal designed for simultaneous use by 2 or more persons.

“Uninterruptible power supply” a battery charger consisting of a combination of convertors, switches and energy storage devices (such as batteries), constituting a power system for maintaining continuity of load power in case of input power failure.

“Urinal”, a plumbing fixture that receives only liquid body waste and conveys the waste through a trap into a drainage system.

“Water closet”, a plumbing fixture with a water-containing receptor that receives liquid and solid body waste through an exposed integral trap into a drainage system.

“Water cooler”, a freestanding device that consumes energy to cool or heat potable water; provided however, that such device is not wall-mounted, under-sink or otherwise building integrated.

SECTION 14. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Water heater” the following definition:-

“Water use”, the quantity of water flowing through a showerhead, faucet, water closet or urinal at point of use.

SECTION 15. Section 3 of said chapter 25B, as so appearing, is hereby amended by inserting after clause (j) the following clauses:-

(k) commercial hot-food holding cabinets.

(l) computers and computer monitors.

(m) general service lamps.

(n) high CRI fluorescent lamps.

(o) plumbing fittings.

(p) plumbing fixtures.

(q) portable electric spas.

(r) water coolers.

(s) residential ventilating fans

(t) air compressors

(u) commercial dishwashers

(v) commercial fryers

(w) commercial steam cookers

(x) spray sprinkler bodies

(w) uninterruptible power supplies

(z) portable air conditioners.

SECTION 16. Section 5 of said chapter 25B, as so appearing, is hereby amended by striking out the words, in line 24, “clauses (f) to (s)” and inserting in place thereof the following words:- clauses (f) to (z).

SECTION 17. The third paragraph of said section 5 of said chapter 25B, as so appearing, is hereby amended by adding after clause (5) the following clauses:-

(6) Commercial hot-food holding cabinets with an interior volume of 8 cubic feet or greater 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 Standard F2140-11, “Test Method for the Performance of Hot Food Holding Cabinets,” published by ASTM International. Interior volume shall be measured as prescribed in Version 2.0 of the ENERGY STAR program product specifications for commercial hot-food holding cabinets.

(7) Computers and computer monitors shall meet the requirements of section 1605.3 of Title 20 of the California Code of Regulations, as in effect on the date of enactment of this Act, as measured in accordance with test methods prescribed in section 1604 of those regulations. However, the commissioner shall have authority to amend the rules so that the definitions of “computer” and “computer monitor” and the minimum efficiency standards for computers and computer monitors conform to subsequently adopted modifications to the referenced sections of the C.C.R.

(8) General service lamps shall meet or exceed a lamp efficacy of 45 lumens per watt, when tested in accordance with the applicable federal test methods for general service lamps, prescribed in Section 430.23(gg) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019

(9) High CRI fluorescent lamps shall meet the minimum efficiency requirements contained in Section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019, when tested in accordance with the test procedure prescribed in Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019:

(10) Plumbing fittings shall meet the following requirements:

(a) When tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations: the flow rate of lavatory faucets and replacement aerators shall not be greater than 1.5 gallons per minute (hereafter referred to as gpm) at 60 pounds per square inch (hereafter referred to as psi); for sprayheads with independently controlled orifices and manual controls, the maximum flow rate of each orifice that manually turns on or off shall not exceed the maximum flow rate for a lavatory faucet; and for sprayheads with collectively controlled orifices and manual controls, the maximum flow rate of a sprayhead that manually turns on or off shall be the product of (i) the maximum flow rate for a lavatory faucet, and (ii) the number of component lavatories (rim space of the lavatory in inches (millimeters) divided by 20 inches [508 millimeters]);

(b) The flow rate of residential kitchen faucets and replacement aerators shall not be greater than 1.8 gpm with optional temporary flow of 2.2 gpm at 60 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations; and

(c) The flow rate of public lavatory faucets and replacement aerators shall not be greater than 0.5 gpm at 60 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations;  

(d) The flow rate of showerheads shall not be greater than 2.0 gpm at 80 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, effective on January 3, 2019.

(11) Plumbing fixtures shall meet the following requirements:

(a) The water consumption of urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health care facilities, shall be no greater than the values shown in items (a)(ii)(A) through (a)(ii)(D) when tested in accordance with the:

(i) Water consumption test prescribed in Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations.

(ii) Waste extraction test for water closets (Section 7.10) of ASME A112.19.2/CSA B45.1-2013.

(b) Urinals shall have a maximum flush volume of 0.5 gallons per flush.

(c) Water closets, except for dual-flush tank-type water closets, shall have a maximum flush volume of 1.28 gallons per flush.

(d) Dual-flush tank-type water closets shall have a maximum effective flush volume of 1.28 gallons per flush.

(12)  Portable electric spas shall meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14).

(14) Water coolers shall have on mode with no water draw energy consumption, a test that records the 24-hour energy consumption of a water cooler with no water drawn during the test period, less than or equal to the following, as measured in accordance with the test criteria prescribed in Version 2.0 of the ENERGY STAR program product specifications for water coolers:

(a) 0.16 kilowatt-hours per day for cold-only and cook-and-cold units;

(b) 0.87 kilowatt-hours per day for hot-and-cold units—storage type; and

(c) 0.18 kilowatt-hours per day for hot and cold units—on demand.\

(15) Residential ventilating fans shall meet the qualification criteria of the ENERGY STAR Program Requirements Product Specification for Residential Ventilating Fans, Version 3.2.

(16) Air compressors that meet the twelve criteria listed on page 350 to 351 of the “Energy Conservation Standards for Air Compressors” final rule issued by the U.S. Department of Energy on December 5, 2016 shall meet the requirements in Table 1 on page 352 following the instructions on page 353 and as measured in accordance with Appendix A to Subpart T of Part 431 of Title 10 of the Code of Federal Regulations —“Uniform Test Method for Certain Air Compressors”—as in effect on July 3, 2019.

(17) Commercial dishwashers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the qualification criteria of that specification.  

(18) Commercial fryers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of that specification.

(19) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2. 

(20) Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification.

(21) Uninterruptible power supplies that utilize a NEMA 1-15P or 5-15P input plug and have an AC output shall have an average load adjusted efficiency that meets or exceed the values shown  on page 193 of the pre-publication final rule “Energy Conservation Program: Energy Conservation Standards for Uninterruptible Power Supplies” issued by the U.S. Department of Energy on December 28, 2016, as measured in accordance with test procedures prescribed in Appendix Y to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—“Uniform Test Method for Measuring the Energy Consumption of Battery Chargers”—as in effect on January 3, 2019

(22) Portable air conditioners shall meet the requirements in Table V.25 on page 235 of the “Energy Conservation Standards for Portable Air Conditioners” final rule issued by the U.S. Department of Energy on December 28, 2016 as measured in accordance with Appendix CC to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—“Uniform Test Method for Measuring the Energy Consumption of Portable Air Conditioners”—as in effect on January 3, 2019.

SECTION 18. Said section 5 of said chapter 25B, as so appearing, is hereby further amended by inserting after the fourth paragraph the following paragraph:-

On or after January 1, 2021, no new commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial steam cooker, computer or computer monitor, faucet, high CRI fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray sprinkler body, uninterruptible power supply, urinal, water closet, or water cooler may be sold or offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to Section 17.

a)No later than six months from the date of enactment of this Act, and as necessary thereafter, the Commissioner, in consultation with the Attorney General, shall determine which general service lamps are subject to federal preemption. On or after January 1, 2020, no general service lamp that is not subject to federal preemption may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards provided in Section 17.

b)On or after January 1, 2022, no new air compressor may be sold 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 Section 17.

c)On or after February 1, 2022, no new portable air conditioner may be sold 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 Section 17. 

SECTION 19. Section 9 of said chapter 25B, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 19, 2017 pursuant to the Energy Policy and Conservation Act, 10 C.F.R. §§ 430-431, are withdrawn, repealed or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards and no such product may be sold or offered for sale in the state unless it meets or exceeds such standards.