| 1 | A bill to be entitled |
| 2 | An act relating to energy efficiency standards; providing |
| 3 | legislative findings; providing definitions; providing |
| 4 | that the act applies to specified types of new products |
| 5 | sold, offered for sale, or installed in this state; |
| 6 | requiring the Department of Environmental Protection, in |
| 7 | consultation with the Public Service Commission, to adopt |
| 8 | rules establishing minimum efficiency standards; |
| 9 | specifying minimum efficiency standards; specifying |
| 10 | implementation deadlines; authorizing the Department of |
| 11 | Environmental Protection to amend efficiency standards and |
| 12 | establish efficiency standards for nonspecified products |
| 13 | for the purpose of promoting energy conservation and cost |
| 14 | efficiency if such standards do not become effective |
| 15 | within a certain time period; requiring the department to |
| 16 | adopt procedures for testing the energy efficiency of new |
| 17 | products if the procedures are not provided for in the |
| 18 | state building code; requiring the department to use |
| 19 | nationally recognized testing methods; requiring |
| 20 | manufacturers of certain new products to certify |
| 21 | compliance with the act; requiring the department to adopt |
| 22 | rules governing the identification and certification of |
| 23 | new products; authorizing the department to use an |
| 24 | accredited testing facility; requiring the department to |
| 25 | charge the manufacturer for noncompliant products and to |
| 26 | provide information to the public about noncompliant |
| 27 | products; permitting the department to conduct periodic |
| 28 | inspections of distributors or retailers; requiring the |
| 29 | department to investigate complaints and report the |
| 30 | results to the Attorney General; permitting the Attorney |
| 31 | General to initiate civil proceedings to enforce the act; |
| 32 | providing for penalties against a manufacturer, |
| 33 | distributor, or retailer in violation of the act; |
| 34 | requiring the department to adopt additional rules; |
| 35 | providing an effective date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Legislative findings.--The Legislature finds |
| 40 | that: |
| 41 | (1) Efficiency standards for certain products sold or |
| 42 | installed in the state assure consumers and businesses that such |
| 43 | products meet minimum efficiency performance levels, thus saving |
| 44 | money on utility bills. |
| 45 | (2) Such efficiency standards save energy and thus reduce |
| 46 | pollution and other environmental impacts associated with the |
| 47 | production, distribution, and use of electricity and natural |
| 48 | gas. |
| 49 | (3) Such efficiency standards can make electricity systems |
| 50 | more reliable by reducing the strain on the electric power grid |
| 51 | during peak demand periods. Furthermore, improved energy |
| 52 | efficiency can reduce or delay the need for new power plants, |
| 53 | new power transmission lines, and upgrades to the power |
| 54 | distribution system. |
| 55 | (4) Energy efficiency standards contribute to the economy |
| 56 | of this state by enabling consumers and business owners to spend |
| 57 | less on energy, leaving more capital available for the purchase |
| 58 | of 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- |
| 61 | loading or soft mount top-loading clothes washer that is |
| 62 | designed for use in applications where the occupants of more |
| 63 | than one household will be using it, such as in multifamily |
| 64 | housing common areas and coin laundries, or other commercial |
| 65 | applications, if the clothes container compartment is no greater |
| 66 | than 3.5 cubic feet for horizontal-axis clothes washers or no |
| 67 | greater than 4 cubic feet for vertical-axis clothes washers. |
| 68 | (2) "Commercial refrigerator and freezer" means a reach-in |
| 69 | cabinet, pass-through cabinet, roll-in cabinet, or roll-through |
| 70 | cabinet that has less than 85 cubic feet of capacity and that is |
| 71 | not a walk-in model or a consumer product regulated under the |
| 72 | National Appliance Energy Conservation Act of 1987, Pub. L. No. |
| 73 | 100-12. |
| 74 | (3) "Department" means the Department of Environmental |
| 75 | Protection. |
| 76 | (4) "Illuminated exit sign" means an internally |
| 77 | illuminated sign that is designed to be permanently fixed in |
| 78 | place and used to identify an exit. A light source illuminates |
| 79 | the sign or letters from within and the background of the exit |
| 80 | sign is not transparent. |
| 81 | (5) "Large packaged air-conditioning equipment" means |
| 82 | packaged air-conditioning equipment having a cooling capacity of |
| 83 | 240,000 Btu per hour or more. |
| 84 | (6) "Low voltage dry-type distribution transformer" means |
| 85 | a 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- |
| 91 | conditioning equipment that is built as a package and shipped as |
| 92 | a whole to an end-user site. |
| 93 | (8) "Pass-through cabinet" means a commercial refrigerator |
| 94 | or commercial freezer with hinged or sliding doors on the front |
| 95 | and rear of the refrigerator or freezer. |
| 96 | (9) "Reach-in cabinet" means a commercial refrigerator, |
| 97 | commercial refrigerator-freezer, or commercial freezer with |
| 98 | hinged or sliding doors or lids, but excluding a roll-in or |
| 99 | roll-through cabinet or pass-through cabinet. |
| 100 | (10) "Roll-in or roll-through cabinet" means a commercial |
| 101 | refrigerator or commercial freezer with hinged or sliding doors |
| 102 | that allows wheeled racks of product to be rolled into or |
| 103 | through the refrigerator or freezer. |
| 104 | (11) "Traffic signal module" means a standard 8-inch, 200 |
| 105 | mm, or 12-inch, 300 mm, round traffic signal indication that |
| 106 | consists of a light source, lens, and all parts necessary for |
| 107 | operation and that communicates movement messages to drivers |
| 108 | through red, amber, and green colors. Arrow modules in the same |
| 109 | colors are used to indicate turning movements. |
| 110 | (12) "Transformer" means a device consisting of two or |
| 111 | more coils of insulated wire that transfers alternating current |
| 112 | by electromagnetic induction from one coil to another in order |
| 113 | to change the original voltage or current value. |
| 114 | Section 3. Scope.-- |
| 115 | (1) This act applies to the testing, certification, and |
| 116 | enforcement of efficiency standards for the following types of |
| 117 | new 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 |
| 125 | department in accordance with section 6. |
| 126 | (2) This act does not apply to: |
| 127 | (a) New products manufactured in the state and sold |
| 128 | outside the state; |
| 129 | (b) New products manufactured outside the state and sold |
| 130 | at wholesale inside the state for final retail sale and |
| 131 | installation outside the state; |
| 132 | (c) Products installed in mobile manufactured homes at the |
| 133 | time of construction; or |
| 134 | (d) Products designed expressly for installation and use |
| 135 | in recreational vehicles. |
| 136 | Section 4. Efficiency standards.--By January 1, 2005, the |
| 137 | department, in consultation with the Public Service Commission, |
| 138 | shall adopt rules, in accordance with chapter 120, Florida |
| 139 | Statutes, establishing minimum efficiency standards for the |
| 140 | types of new products set forth in section 3. The rules shall |
| 141 | provide for the following minimum efficiency standards: |
| 142 | (1) Commercial clothes washers shall meet the requirements |
| 143 | shown in Table P-3 of section 1605.3 of the California Code of |
| 144 | Regulations, Title 20: Division 2, Chapter 4, Article 4: |
| 145 | Appliance Efficiency Regulations which took effect on November |
| 146 | 27, 2002. |
| 147 | (2) Commercial refrigerators and freezers shall meet the |
| 148 | August 1, 2004, requirements shown in Table A-6 of section |
| 149 | 1605.3 of the California Code of Regulations, Title 20: Division |
| 150 | 2, Chapter 4, Article 4: Appliance Efficiency Regulations which |
| 151 | took effect on November 27, 2002. |
| 152 | (3) Illuminated exit signs shall meet the product |
| 153 | specification (Version 2.0) of the "Energy Star Program |
| 154 | Requirements for Exit Signs" developed by the United States |
| 155 | Environmental Protection Agency. |
| 156 | (4) Large packaged air-conditioning equipment shall meet |
| 157 | the Tier 2 efficiency levels of the "Minimum Equipment |
| 158 | Efficiencies for Unitary Commercial Air Conditioners" and |
| 159 | "Minimum Equipment Efficiencies for Heat Pumps" developed by the |
| 160 | Consortium for Energy Efficiency, Boston, MA, which took effect |
| 161 | on July 1, 2002. |
| 162 | (5) Low voltage dry-type distribution transformers shall |
| 163 | meet or exceed the energy efficiency values shown in Table 4-2 |
| 164 | of National Electrical Manufacturers Association Standard TP-1- |
| 165 | 2002. |
| 166 | (6) Traffic signal modules shall meet the product |
| 167 | specifications of the "Energy Star Program Requirements for |
| 168 | Traffic Signals" developed by the United States Environmental |
| 169 | Protection Agency which took effect in February 2001. |
| 170 | Section 5. Implementation.--On or after January 1, 2007, a |
| 171 | new product of a type set forth in section 3 may not be sold or |
| 172 | offered for sale in the state unless the efficiency of the new |
| 173 | product meets or exceeds the efficiency standards set forth in |
| 174 | the rules adopted pursuant to section 4. On or after January 1, |
| 175 | 2008, a new product of a type set forth in section 3 may not be |
| 176 | installed in the state unless the efficiency of the new product |
| 177 | meets or exceeds the efficiency standards set forth in the rules |
| 178 | adopted pursuant to section 4. |
| 179 | Section 6. New and revised standards.--The department may |
| 180 | establish increased efficiency standards on the products listed |
| 181 | in section 3. The department may also establish standards for |
| 182 | products not specifically listed in section 3. In considering |
| 183 | such new or amended standards, the department, in consultation |
| 184 | with the Public Service Commission, shall set efficiency |
| 185 | standards upon a determination that increased efficiency |
| 186 | standards would serve to promote energy conservation in the |
| 187 | state and would be cost-effective for consumers who purchase and |
| 188 | use such new products if the new or increased efficiency |
| 189 | standards do not become effective within 1 year following the |
| 190 | adoption of any amended rules providing for such increased |
| 191 | efficiency standards. The department may apply for a waiver of |
| 192 | federal preemption, in accordance with 42 U.S.C. s. 6297(d), for |
| 193 | those products regulated by the Federal Government. |
| 194 | Section 7. Testing, certification, labeling, and |
| 195 | enforcement.-- |
| 196 | (1) The department shall adopt procedures for testing the |
| 197 | energy efficiency of the new products covered by section 3 if |
| 198 | such procedures are not provided for in the Florida Building |
| 199 | Code. The department shall use test methods approved by the |
| 200 | United States Department of Energy or, in the absence of such |
| 201 | test methods, other appropriate nationally recognized test |
| 202 | methods. The manufacturers of such products shall cause samples |
| 203 | of such appliances to be tested in accordance with the test |
| 204 | procedures adopted pursuant to this act or those specified in |
| 205 | the Florida Building Code. |
| 206 | (2) Each manufacturer of new products covered by section 3 |
| 207 | of this act shall certify to the department that such products |
| 208 | are in compliance with this act. The department shall adopt |
| 209 | rules governing the certification of such products and may work |
| 210 | in coordination with the certification program of other states |
| 211 | with like standards. |
| 212 | (3) Each manufacturer of new products covered by section 3 |
| 213 | of this act shall identify each product offered for sale or |
| 214 | installed in the state as in compliance with this act by means |
| 215 | of a mark, label, or tag on the product and packaging at the |
| 216 | time of sale or installation. The department shall adopt rules |
| 217 | governing the identification of such products and packaging and |
| 218 | may work in coordination with the labeling programs of other |
| 219 | states with like standards. |
| 220 | (4) The department may test products covered by section 3 |
| 221 | using an accredited testing facility. If products are found not |
| 222 | to be in compliance with the minimum efficiency standards |
| 223 | established under section 4, the department shall: |
| 224 | (a) Charge the manufacturer of such product for the cost |
| 225 | of product purchase and testing; and |
| 226 | (b) Provide information to the public concerning products |
| 227 | found not to be in compliance with the standards. |
| 228 | (5) The department may conduct periodic inspections of |
| 229 | distributors or retailers of new products covered by section 3 |
| 230 | in order to determine compliance with this act. The department |
| 231 | shall also work with the Department of Business and Professional |
| 232 | Regulation to coordinate inspections for new products that are |
| 233 | also covered by the Florida Building Code. |
| 234 | (6) The department shall investigate complaints received |
| 235 | concerning violations of this act and shall report the results |
| 236 | of such investigations to the Attorney General. The Attorney |
| 237 | General may institute civil proceedings to enforce the |
| 238 | provisions of this act. Any manufacturer, distributor, or |
| 239 | retailer who violates any provision of this act shall be issued |
| 240 | a warning by the department for any first violation. Repeat |
| 241 | violations are subject to a civil penalty of not more than $250. |
| 242 | Each violation constitutes a separate offense, and each day that |
| 243 | such violation continues constitutes a separate offense. |
| 244 | Penalties assessed under this paragraph are in addition to costs |
| 245 | assessed under subsection (4). |
| 246 | (7) The department shall adopt rules as necessary to |
| 247 | ensure the proper administration and enforcement of this act. |
| 248 | Section 8. This act shall take effect upon becoming a law. |