Connecticut Seal

Substitute Senate Bill No. 145

Public Act No. 04-85

AN ACT CONCERNING ENERGY EFFICIENCY STANDARDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 16a-48 of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) As used in this section:

(1) ["Commissioner"] "Department" means the [Commissioner of Agriculture and Consumer Protection] Department of Public Utility Control;

(2) "Fluorescent lamp ballast" or "ballast" means a device designed to operate fluorescent lamps by providing a starting voltage and current and limiting the current during normal operation, but does not include such devices that have a dimming capability or are intended for use in ambient temperatures of zero degrees Fahrenheit or less or have a power factor of less than sixty-one hundredths for a single F40T12 lamp;

(3) "F40T12 lamp" means a tubular fluorescent lamp that is a nominal forty-watt lamp, with a forty-eight-inch tube length and one and one-half inches in diameter;

(4) "F96T12 lamp" means a tubular fluorescent lamp that is a nominal seventy-five-watt lamp with a ninety-six-inch tube length and one and one-half inches in diameter;

(5) "Luminaire" means a complete lighting unit consisting of a fluorescent lamp, or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply;

(6) ["New appliance"] "New product" means [an appliance] a product that is sold, offered for sale, or installed for the first time and specifically includes floor models and demonstration units;

(7) "Secretary" means the Secretary of the Office of Policy and Management;

(8) "State Building Code" means the building code adopted pursuant to section 29-252;

(9) "Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl giving light directed upward so as to give indirect illumination;

(10) "Unit heater" means a self-contained, vented fan-type commercial space heater that uses natural gas or propane that is designed to be installed without ducts within the heated space. "Unit heater" does not include a product regulated by federal standards pursuant to 42 USC 6291, as amended from time to time, a product that is a direct vent, forced flue heater with a sealed combustion burner, or any oil fired heating system;

(11) "Transformer" means a device consisting 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;

(12) "Low-voltage dry-type transformer" means a transformer that: (A) Has an input voltage of 600 volts or less; (B) is between 14 kilovolt-amperes and 2,501 kilovolt-amperes in size; (C) is air-cooled; and (D) does not use oil as a coolant. "Low-voltage dry-type transformer" does not include such transformers excluded from the low-voltage dry-type distribution transformer definition contained in the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations;

(13) "Pass-through cabinet" means a refrigerator or freezer with hinged or sliding doors on both the front and rear of the refrigerator or freezer;

(14) "Reach-in cabinet" means a refrigerator, freezer, or combination thereof, with hinged or sliding doors or lids;

(15) "Roll-in" or "roll-through cabinet" means a refrigerator or freezer with hinged or sliding doors that allows wheeled racks of product to be rolled into or through the refrigerator or freezer;

(16) "Commercial refrigerators and freezers" means reach-in cabinets, pass-through cabinets, roll-in cabinets and roll-through cabinets that have less than eighty-five feet of capacity. "Commercial refrigerators and freezers" does not include walk-in models or consumer products regulated under the federal National Appliance Energy Conservation Act of 1987;

(17) "Traffic signal module" means a standard eight-inch or twelve-inch round traffic signal indicator consisting of a light source, lens and all parts necessary for operation and communication of movement messages to drivers through red, amber and green colors;

(18) "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place and used to identify an exit by means of a light source that illuminates the sign or letters from within where the background of the exit sign is not transparent;

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

(20) "Large packaged air-conditioning equipment" means air-cooled packaged air-conditioning equipment having not less than 240,000 BTUs per hour of capacity;

(21) "Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in (A) applications where the occupants of more than one household will be using it, such as in multi-family housing common areas and coin laundries; or (B) 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;

(22) "Energy efficiency ratio" means a measure of the relative efficiency of a heating or cooling appliance that is equal to the unit's output in BTUs per hour divided by its consumption of energy, measured in watts.

(b) The provisions of this section apply to the testing, certification and enforcement of efficiency standards for the following types of new [appliances] products sold, offered for sale or installed in the state: (1) [Fluorescent ballasts for F40T12 and F96T12 lamps; (2) luminaires with fluorescent ballasts for F40T12 and F96T12 lamps; (3) showerheads] Commercial clothes washers; (2) commercial refrigerators and freezers; (3) illuminated exit signs; (4) large packaged air-conditioning equipment; (5) low voltage dry-type distribution transformers; (6) torchiere lighting fixtures; (7) traffic signal modules; (8) unit heaters; and (9) any other products as may be designated by the department in accordance with subdivision (3) of subsection (d) of this section.

(c) The provisions of this section do not apply to (1) new [appliances] products manufactured in the state and sold outside the state, (2) new [appliances] products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state, (3) [appliances] products installed in mobile manufactured homes at the time of construction, or (4) [appliances] products designed expressly for installation and use in recreational vehicles.

(d) (1) Not later than July 1, [1988] 2005, the [secretary] department, in consultation with the [commissioner] secretary, shall adopt regulations, in accordance with the provisions of chapter 54, [establishing] to implement the provisions of this section and to establish minimum energy efficiency standards for the types of new [appliances] products set forth in subsection (b) of this section. [The regulations may provide such efficiency standards for various categories and types of such new appliances as the secretary shall determine and may establish new or increased efficiency standards to become effective on and after January 1, 1990. ] The regulations shall provide for the following minimum energy efficiency standards: (A) Commercial clothes washers shall meet the requirements shown in Table P-3 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4; (B) commercial refrigerators and freezers shall meet the August 1, 2004, requirements shown in Table A-6 of said California regulation; (C) illuminated exit signs shall meet the version 2.0 product specification of the "Energy Star Program Requirements for Exit Signs" developed by the United States Environmental Protection Agency; (D) large packaged air-conditioning equipment having not more than 760,000 BTUs per hour of capacity shall meet a minimum energy efficiency ratio of 10.0 for units using both electric heat and air conditioning or units solely using electric air conditioning, and 9.8 for units using both natural gas heat and electric air conditioning; (E) large packaged air-conditioning equipment having not less than 761,000 BTUs per hour of capacity shall meet a minimum energy efficiency ratio of 9.7 for units using both electric heat and air conditioning or units solely using electric air conditioning, and 9.5 for units using both natural gas heat and electric air conditioning; (F) low voltage dry-type distribution transformers shall meet or exceed the energy efficiency values shown in Table 4-2 of the National Electrical Manufacturers Association Standard TP-1-2002; (G) 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; (H) 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, except where the department, in consultation with the Commissioner of Transportation, determines that such specification would compromise safe signal operation; (I) unit heaters shall not have pilot lights and shall have either power venting or an automatic flue damper.

(2) Such efficiency standards, where in conflict with the State Building Code, shall take precedence over the standards contained in the Building Code. [After July 1, 1988] Not later than July 1, 2007, and biennially thereafter, the [secretary] department, in consultation with the [commissioner, may] secretary, shall review and increase the level of such efficiency standards by adopting regulations in accordance with the provisions of chapter 54 upon a determination that increased efficiency standards would serve to promote energy conservation in the state and would be cost-effective for consumers who purchase and use such new [appliances] products, provided no such increased efficiency standards shall become effective within one year following the adoption of any amended regulations providing for such increased efficiency standards. [The secretary, in consultation with the commissioner, may adopt such further regulations as necessary to implement the provisions of this section. ]

(3) The department, in consultation with the secretary, shall adopt regulations, in accordance with the provisions of chapter 54, to designate additional products to be subject to the provisions of this section and to establish efficiency standards for such products upon a determination that such efficiency standards (A) would serve to promote energy conservation in the state, (B) would be cost-effective for consumers who purchase and use such new products, and (C) that multiple products are available which meet such standards, provided no such efficiency standards shall become effective within one year following their adoption pursuant to this subdivision.

(e) On or after July 1, [1988] 2006, except for commercial clothes washers, for which the date shall be July 1, 2007, commercial refrigerators and freezers, for which the date shall be July 1, 2008, and large packaged air-conditioning equipment, for which the date shall be July 1, 2009, no new [appliance] product of a type set forth in subsection (b) of this section or designated by the department may be sold, offered for sale, or installed in the state unless the energy efficiency of the new [appliance] product meets or exceeds the efficiency standards set forth in such regulations adopted pursuant to subsection (d) of this section.

(f) The [commissioner] department, in consultation with the secretary, shall adopt procedures for testing the energy efficiency of the new [appliances covered by] products set forth in subsection (b) of this section or designated by the department if such procedures are not provided for in the State Building Code. The [commissioner] department 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 [appliances] products shall cause samples of such [appliances] products to be tested in accordance with the test procedures adopted pursuant to this subsection or those specified in the State Building Code.

(g) Manufacturers of new [appliances covered by] products set forth in subsection (b) of this section or designated by the department shall certify to the [commissioner] secretary that such [appliances] products are in compliance with the provisions of this section. The [commissioner] department, in consultation with the secretary, shall promulgate regulations governing the certification of such [appliances] products. [and] The secretary shall publish an annual list of such [appliances] products.

[(h) The commissioner shall cause periodic inspections to be made of distributors or retailers of new appliances covered by subsection (b) of this section in order to determine compliance with the provisions of this section. The commissioner shall cause investigations to be made of complaints received concerning violations of this section and shall report the results of such investigations to the Attorney General. ]

(h) The Attorney General may institute proceedings to enforce the provisions of this section. Any person who violates any provision of this section shall be subject to a civil penalty of not more than two hundred fifty dollars. Each violation of this section shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.

Approved May 10, 2004