HB 1445

1
A bill to be entitled
2An act relating to energy efficiency standards; providing
3legislative findings; providing definitions; providing
4that the act applies to specified types of new products
5sold, offered for sale, or installed in this state;
6requiring the Department of Environmental Protection, in
7consultation with the Public Service Commission, to adopt
8rules establishing minimum efficiency standards;
9specifying minimum efficiency standards; specifying
10implementation deadlines; authorizing the Department of
11Environmental Protection to amend efficiency standards and
12establish efficiency standards for nonspecified products
13for the purpose of promoting energy conservation and cost
14efficiency if such standards do not become effective
15within a certain time period; requiring the department to
16adopt procedures for testing the energy efficiency of new
17products if the procedures are not provided for in the
18state building code; requiring the department to use
19nationally recognized testing methods; requiring
20manufacturers of certain new products to certify
21compliance with the act; requiring the department to adopt
22rules governing the identification and certification of
23new products; authorizing the department to use an
24accredited testing facility; requiring the department to
25charge the manufacturer for noncompliant products and to
26provide information to the public about noncompliant
27products; permitting the department to conduct periodic
28inspections of distributors or retailers; requiring the
29department to investigate complaints and report the
30results to the Attorney General; permitting the Attorney
31General to initiate civil proceedings to enforce the act;
32providing for penalties against a manufacturer,
33distributor, or retailer in violation of the act;
34requiring the department to adopt additional rules;
35providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Legislative findings.--The Legislature finds
40that:
41     (1)  Efficiency standards for certain products sold or
42installed in the state assure consumers and businesses that such
43products meet minimum efficiency performance levels, thus saving
44money on utility bills.
45     (2)  Such efficiency standards save energy and thus reduce
46pollution and other environmental impacts associated with the
47production, distribution, and use of electricity and natural
48gas.
49     (3)  Such efficiency standards can make electricity systems
50more reliable by reducing the strain on the electric power grid
51during peak demand periods. Furthermore, improved energy
52efficiency can reduce or delay the need for new power plants,
53new power transmission lines, and upgrades to the power
54distribution system.
55     (4)  Energy efficiency standards contribute to the economy
56of this state by enabling consumers and business owners to spend
57less on energy, leaving more capital available for the purchase
58of local goods and services.
59     Section 2.  Definitions.--As used in this act, the term:
60     (1)  "Commercial clothes washer" means a soft mount front-
61loading or soft mount top-loading clothes washer that is
62designed for use in applications where the occupants of more
63than one household will be using it, such as in multifamily
64housing common areas and coin laundries, or other commercial
65applications, if the clothes container compartment is no greater
66than 3.5 cubic feet for horizontal-axis clothes washers or no
67greater than 4 cubic feet for vertical-axis clothes washers.
68     (2)  "Commercial refrigerator and freezer" means a reach-in
69cabinet, pass-through cabinet, roll-in cabinet, or roll-through
70cabinet that has less than 85 cubic feet of capacity and that is
71not a walk-in model or a consumer product regulated under the
72National Appliance Energy Conservation Act of 1987, Pub. L. No.
73100-12.
74     (3)  "Department" means the Department of Environmental
75Protection.
76     (4)  "Illuminated exit sign" means an internally
77illuminated sign that is designed to be permanently fixed in
78place and used to identify an exit. A light source illuminates
79the sign or letters from within and the background of the exit
80sign is not transparent.
81     (5)  "Large packaged air-conditioning equipment" means
82packaged air-conditioning equipment having a cooling capacity of
83240,000 Btu per hour or more.
84     (6)  "Low voltage dry-type distribution transformer" means
85a distribution transformer that:
86     (a)  Has an input voltage of 600 volts or less;
87     (b)  Is between 14kVa and 2,501kVa in size;
88     (c)  Is air cooled; and
89     (d)  Does not use oil as a coolant.
90     (7)  "Packaged air-conditioning equipment" means air-
91conditioning equipment that is built as a package and shipped as
92a whole to an end-user site.
93     (8)  "Pass-through cabinet" means a commercial refrigerator
94or commercial freezer with hinged or sliding doors on the front
95and rear of the refrigerator or freezer.
96     (9)  "Reach-in cabinet" means a commercial refrigerator,
97commercial refrigerator-freezer, or commercial freezer with
98hinged or sliding doors or lids, but excluding a roll-in or
99roll-through cabinet or pass-through cabinet.
100     (10)  "Roll-in or roll-through cabinet" means a commercial
101refrigerator or commercial freezer with hinged or sliding doors
102that allows wheeled racks of product to be rolled into or
103through the refrigerator or freezer.
104     (11)  "Traffic signal module" means a standard 8-inch, 200
105mm, or 12-inch, 300 mm, round traffic signal indication that
106consists of a light source, lens, and all parts necessary for
107operation and that communicates movement messages to drivers
108through red, amber, and green colors. Arrow modules in the same
109colors are used to indicate turning movements.
110     (12)  "Transformer" means a device consisting of two or
111more coils of insulated wire that transfers alternating current
112by electromagnetic induction from one coil to another in order
113to change the original voltage or current value.
114     Section 3.  Scope.--
115     (1)  This act applies to the testing, certification, and
116enforcement of efficiency standards for the following types of
117new products sold, offered for sale, or installed in the state:
118     (a)  Commercial clothes washers;
119     (b)  Commercial refrigerators and freezers;
120     (c)  Illuminated exit signs;
121     (d)  Large packaged air-conditioning equipment;
122     (e)  Low voltage dry-type distribution transformers;
123     (f)  Traffic signal modules; and
124     (g)  Such other products as may be designated by the
125department in accordance with section 6.
126     (2)  This act does not apply to:
127     (a)  New products manufactured in the state and sold
128outside the state;
129     (b)  New products manufactured outside the state and sold
130at wholesale inside the state for final retail sale and
131installation outside the state;
132     (c)  Products installed in mobile manufactured homes at the
133time of construction; or
134     (d)  Products designed expressly for installation and use
135in recreational vehicles.
136     Section 4.  Efficiency standards.--By January 1, 2005, the
137department, in consultation with the Public Service Commission,
138shall adopt rules, in accordance with chapter 120, Florida
139Statutes, establishing minimum efficiency standards for the
140types of new products set forth in section 3. The rules shall
141provide for the following minimum efficiency standards:
142     (1)  Commercial clothes washers shall meet the requirements
143shown in Table P-3 of section 1605.3 of the California Code of
144Regulations, Title 20: Division 2, Chapter 4, Article 4:
145Appliance Efficiency Regulations which took effect on November
14627, 2002.
147     (2)  Commercial refrigerators and freezers shall meet the
148August 1, 2004, requirements shown in Table A-6 of section
1491605.3 of the California Code of Regulations, Title 20: Division
1502, Chapter 4, Article 4: Appliance Efficiency Regulations which
151took effect on November 27, 2002.
152     (3)  Illuminated exit signs shall meet the product
153specification (Version 2.0) of the "Energy Star Program
154Requirements for Exit Signs" developed by the United States
155Environmental Protection Agency.
156     (4)  Large packaged air-conditioning equipment shall meet
157the Tier 2 efficiency levels of the "Minimum Equipment
158Efficiencies for Unitary Commercial Air Conditioners" and
159"Minimum Equipment Efficiencies for Heat Pumps" developed by the
160Consortium for Energy Efficiency, Boston, MA, which took effect
161on July 1, 2002.
162     (5)  Low voltage dry-type distribution transformers shall
163meet or exceed the energy efficiency values shown in Table 4-2
164of National Electrical Manufacturers Association Standard TP-1-
1652002.
166     (6)  Traffic signal modules shall meet the product
167specifications of the "Energy Star Program Requirements for
168Traffic Signals" developed by the United States Environmental
169Protection Agency which took effect in February 2001.
170     Section 5.  Implementation.--On or after January 1, 2007, a
171new product of a type set forth in section 3 may not be sold or
172offered for sale in the state unless the efficiency of the new
173product meets or exceeds the efficiency standards set forth in
174the rules adopted pursuant to section 4. On or after January 1,
1752008, a new product of a type set forth in section 3 may not be
176installed in the state unless the efficiency of the new product
177meets or exceeds the efficiency standards set forth in the rules
178adopted pursuant to section 4.
179     Section 6.  New and revised standards.--The department may
180establish increased efficiency standards on the products listed
181in section 3. The department may also establish standards for
182products not specifically listed in section 3. In considering
183such new or amended standards, the department, in consultation
184with the Public Service Commission, shall set efficiency
185standards upon a determination that increased efficiency
186standards would serve to promote energy conservation in the
187state and would be cost-effective for consumers who purchase and
188use such new products if the new or increased efficiency
189standards do not become effective within 1 year following the
190adoption of any amended rules providing for such increased
191efficiency standards. The department may apply for a waiver of
192federal preemption, in accordance with 42 U.S.C. s. 6297(d), for
193those products regulated by the Federal Government.
194     Section 7.  Testing, certification, labeling, and
195enforcement.--
196     (1)  The department shall adopt procedures for testing the
197energy efficiency of the new products covered by section 3 if
198such procedures are not provided for in the Florida Building
199Code. The department shall use test methods approved by the
200United States Department of Energy or, in the absence of such
201test methods, other appropriate nationally recognized test
202methods. The manufacturers of such products shall cause samples
203of such appliances to be tested in accordance with the test
204procedures adopted pursuant to this act or those specified in
205the Florida Building Code.
206     (2)  Each manufacturer of new products covered by section 3
207of this act shall certify to the department that such products
208are in compliance with this act. The department shall adopt
209rules governing the certification of such products and may work
210in coordination with the certification program of other states
211with like standards.
212     (3)  Each manufacturer of new products covered by section 3
213of this act shall identify each product offered for sale or
214installed in the state as in compliance with this act by means
215of a mark, label, or tag on the product and packaging at the
216time of sale or installation. The department shall adopt rules
217governing the identification of such products and packaging and
218may work in coordination with the labeling programs of other
219states with like standards.
220     (4)  The department may test products covered by section 3
221using an accredited testing facility. If products are found not
222to be in compliance with the minimum efficiency standards
223established under section 4, the department shall:
224     (a)  Charge the manufacturer of such product for the cost
225of product purchase and testing; and
226     (b)  Provide information to the public concerning products
227found not to be in compliance with the standards.
228     (5)  The department may conduct periodic inspections of
229distributors or retailers of new products covered by section 3
230in order to determine compliance with this act. The department
231shall also work with the Department of Business and Professional
232Regulation to coordinate inspections for new products that are
233also covered by the Florida Building Code.
234     (6)  The department shall investigate complaints received
235concerning violations of this act and shall report the results
236of such investigations to the Attorney General. The Attorney
237General may institute civil proceedings to enforce the
238provisions of this act. Any manufacturer, distributor, or
239retailer who violates any provision of this act shall be issued
240a warning by the department for any first violation. Repeat
241violations are subject to a civil penalty of not more than $250.
242Each violation constitutes a separate offense, and each day that
243such violation continues constitutes a separate offense.
244Penalties assessed under this paragraph are in addition to costs
245assessed under subsection (4).
246     (7)  The department shall adopt rules as necessary to
247ensure the proper administration and enforcement of this act.
248     Section 8.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.