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Session Law

2005

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Chapter 139 AN ACT ESTABLISHING MINIMUM ENERGY-EFFICIENCY STANDARDS FOR CERTAIN PRODUCTS.

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 2004 Official Edition, is hereby amended by inserting before the definition of "Commissioner" the following 3 definitions:-

"Ballast", a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current and waveform) for starting and operating the lamp.

"Boiler", a space heater that is a self-contained appliance for supplying steam or hot water primarily intended for space heating. This term does not include hot water supply boilers.

"Central furnace", a self-contained space heater designed to supply heated air through ducts of more than 10 inches in length.

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

"Compensation", money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

"Electricity ratio (ER)" is the ratio of furnace electricity use to total furnace energy use. ER = (3.412*EAE)/(1000*EF + 3.412*EAE) where EAE and EF are defined in title 10 of the code of federal regulations.

"High-intensity discharge lamp", 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 3 watts per square centimeter.

SECTION 3. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by striking out, in line 4, the words "or 'ballast'" and inserting in place thereof the following words:- or "fluorescent ballast".

SECTION 4. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of "Luminaire" the following 3 definitions:-

"Medium voltage dry-type distribution transformer", a transformer that: (1) has an input voltage of more than 600 volts but less than or equal to 34,500 volts; (2) is air-cooled; (3) does not use oil as a coolant; and (4) is rated for operation at a frequency of 60 Hertz.

"Metal halide lamp", 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.

"Metal halide lamp fixture", a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

SECTION 5. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of "New appliance" the following definition:-

"Probe-start metal halide ballast", a ballast used to operate metal halide lamps which does not contain an igniter and which instead starts lamps by using a third starting electrode probe in the arc tube.

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

"Residential furnace or boiler", a product which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which:-

(1) is designed to be the principle heating source for the living space of a residence;

(2) is not contained within the same cabinet with a central air conditioner with a rated cooling capacity exceeding 65,000 Btu per hour;

(3) is an electric central furnace, electric boiler, forced-air central furnace, gravity central furnace or low-pressure steam or hot water boiler; and

(4) has a heat input rate of less than 300,000 Btu per hour for electric boilers and low-pressure steam or hot water boilers, and less than 225,000 Btu per hour for forced-air central furnaces, gravity central furnace and electric central furnaces.

"Single-voltage external AC to DC power supply", a device that:

(1) is designed to convert line voltage AC input into lower voltage DC output;

(2) is able to convert to only one DC output voltage at a time;

(3) is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load;

(4) is contained within a separate physical enclosure from the end-use product;

(5) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord or other wiring;

(6) does not have batteries or battery packs, including those that are removable, that physically attach directly to the power supply unit;

(7) 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; and

(8) has a nameplate output power less than or equal to 250 watts.

"State-regulated incandescent reflector lamp", a lamp, not colored or designed for rough or vibration service applications, with an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within 115 to 130 volts and that falls into either of the following categories: a bulged reflector, elliptical reflector, blown parabolic aluminized reflector or similar bulb shape with a diameter equal to or greater than 2.25 inches; or a reflector, parabolic aluminized reflector, bulged reflector or similar bulb shape with a diameter of 2.25 to 2.75 inches, inclusive.

SECTION 7. 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:-

"Transformer", a device consisting of 2 or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from 1 coil to another to change the original voltage or current value. This term does not include: (1) devices with multiple voltage taps, with the highest voltage tap equaling at least 20 per cent more than the lowest voltage tap; or (2) devices, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and non-ventilating transformers, machine tool transformers, welding transformers, grounding transformers or testing transformers, that are designed to be used in a special-purpose application and are unlikely to be used in general-purpose applications.

SECTION 8. The first paragraph of section 3 of said chapter 25B, as so appearing, is hereby amended by adding the following 5 clauses:-

(f) medium voltage dry-type distribution transformers.

(g) metal halide lamp fixtures.

(h) residential furnaces or boilers.

(i) single-voltage external AC to DC power supplies.

(j) state-regulated incandescent reflector lamps.

SECTION 9. Said section 3 of said chapter 25B, as so appearing, is further amended by striking out, in line 25, the words "; or lamps installed in residences".

SECTION 10. Section 4 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 1 and 6, the words "section three" and inserting in place thereof, in each instance, the following words:- clauses(a) to (e), inclusive, of section 3.

SECTION 11. Section 5 of said chapter 25B, as so appearing, is hereby amended by adding the following 4 paragraphs:-

The commissioner, in consultation with the heads of other appropriate agencies, shall adopt regulations, in accordance with this chapter, establishing minimum energy efficiency standards for the types of new products set forth in clauses (f) to (s), inclusive, of section 3.

The regulations shall provide for the following minimum efficiency standards:

(1) Medium voltage dry-type distribution transformers shall meet minimum efficiency levels 3/10 of a percentage point higher than the Class 1 efficiency levels for medium 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).

(2) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall not contain a probe-start metal halide ballast.

(3) Residential furnaces or boilers shall meet or exceed the following Annual Fuel Utilization Efficiency (AFUE):

`tcol(*)=2;c1=1,43,tu;c2=45,30,tuc `tc1 Product Type*Minimum Efficiency Level Gas and propane furnaces*90% AFUE Oil furnaces*83% AFUE Gas and propane hot water boilers*84% AFUE Oil-fired hot water boilers*84% AFUE Gas and propane steam boilers*82% AFUE Oil-fired steam boilers*82% AFUE `tcol;end

The commissioner may adopt rules to exempt compliance with these furnace or boiler standards at any building, site or location where complying with said standards would be in conflict with any local zoning ordinance, building or plumbing code or other rule regarding installation and venting of boilers or furnaces.

Residential furnace air handlers shall have an ER of 2 per cent or less, except residential oil furnaces with a capacity of less than 94,000 Btu per hour shall have an ER of 2.3 per cent or less.

(4) Single-voltage external AC to DC power supplies shall meet the tier 1 energy efficiency requirements of California Code of Regulations, Title 20, Section 1605.3 as published in April 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.

(5) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficiency requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C. section 6295 (i)(1)(A). The following lamps are exempt from these requirements: ER30, BR30, BR40 and ER40 of 50 watts or less; BR30, BR40 and ER40 of 65 watts; and R20 of 45 watts or less.

On or after January 1, 2008, no new medium voltage dry-type distribution transformer, single-voltage external AC to DC power supply or state-regulated incandescent reflector lamp 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 regulations adopted pursuant to this section. On or after January 1, 2009, no new metal halide lamp fixture may be sold or offered for sale in the commonwealth unless the efficiency of the product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section. In accordance with section 9, the commissioner, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces or boilers requires a waiver from federal preemption, and shall apply for such waivers if necessary. If the commissioner determines that a waiver from federal preemption is necessary for residential furnaces or boiler standards established by this section, the state standard shall go into effect at the earliest date permitted by federal law. If the commissioner determines that a waiver from federal preemption is not needed for residential furnaces or boilers, then such state standards shall go into effect on June 1, 2008.

One year after the date upon which sale or offering for sale of certain products is limited pursuant to the preceding paragraph of this section, no new products may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section.

SECTION 12. Section 6 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 3 and 10, the words "the state plumbing code" and inserting in place thereof, in each instance, the following words:- any other applicable code regarding the testing of appliance efficiency.

SECTION 13. Said section 6 of said chapter 25B, as so appearing, is hereby further amended by inserting after the first paragraph the following 2 paragraphs:-

The commissioner may test products covered by section 3. If products so tested are found not to be in compliance with the minimum efficiency standards established under section 5, the commissioner shall: (1) charge the manufacturer of such 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.

In adopting test procedures for determining energy efficiency, the commissioner may consult with other appropriate department heads and may adopt updated test methods when new versions of test procedures become available.

SECTION 14. The first paragraph of section 7 of said chapter 25B, as so appearing, is hereby amended by adding the following 3 sentences:- Manufacturers' certifications shall be based on test results. The commissioner shall coordinate with the certification programs of other states and federal agencies with similar standards to the maximum extent practicable, including investigating whether certification in another state can serve as a substitute for certification in the commonwealth. Single voltage external AC to DC power supplies shall be exempt from the requirements of this section.

SECTION 15. Said section 7 of said chapter 25B, as so appearing, is hereby further amended by adding the following paragraph:-

Manufacturers of new products covered by section 3 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 commissioner shall promulgate regulations governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The commissioner shall allow the use of existing marks, labels or tags which connote compliance with the efficiency requirements of this chapter. State regulated incandescent reflector lamps and metal halide lamp fixtures shall be exempt from the requirements of this paragraph. The commissioner, in consultation with other states, product manufacturers and other interested parties, shall study and evaluate the usefulness and effectiveness of such markings for incandescent reflector lamps and metal halide lamp fixtures.

SECTION 16. Section 8 of said chapter 25B, as so appearing, is hereby amended by striking out, in line 1, the word "shall" and inserting in place thereof the word:- may.

SECTION 17. Said section 8 of said chapter 25B, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- The commissioner may also work with the chairman of the board of building regulations and standards to coordinate inspections for new products that are also covered by the state building code.

SECTION 18. Said chapter 25B is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. The commissioner shall study and evaluate the effectiveness of energy efficiency in the commonwealth as well recommend new or increased efficiency standards. Such study and evaluation shall be conducted in consultation with interested parties. The commissioner shall file a report with the clerk of the house of representatives on or before September 1 of the year before each new legislative session, describing the timing, scope and findings of this study, and shall recommend to the general court new or increased efficiency standards, if these standards would serve to promote conservation in the commonwealth and would be cost-effective for the users, as a group, of the covered appliance. The clerk shall forward such report to the joint committee on telecommunications, utilities and energy of the general court.

The commissioner may adopt such further regulations as necessary to ensure the proper implementation and enforcement of this chapter.

SECTION 19. The commissioner of the division of energy resources, in consultation with the heads of other appropriate agencies, shall, no later than June 1, 2006, adopt regulations to establish minimum energy efficiency standards, in accordance with chapter 25B of the General Laws, for the types of new products set forth in clauses (f) to (s), inclusive, of section 3 of said chapter 25B.

Approved November 22, 2005.

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