Senate Bill sb2174

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    Florida Senate - 2004                                  SB 2174

    By Senator Geller





    31-918-04

  1                      A bill to be entitled

  2         An act relating to energy efficiency standards;

  3         providing legislative findings; providing

  4         definitions; providing that the act applies to

  5         specified types of new products sold, offered

  6         for sale, or installed in this state; requiring

  7         the Department of Environmental Protection, in

  8         consultation with the Public Service

  9         Commission, to adopt rules establishing minimum

10         efficiency standards; specifying minimum

11         efficiency standards; specifying implementation

12         deadlines; authorizing the Department of

13         Environmental Protection to amend efficiency

14         standards and establish efficiency standards

15         for nonspecified products for the purpose of

16         promoting energy conservation and cost

17         efficiency if such standards do not become

18         effective within a certain time period;

19         requiring the department to adopt procedures

20         for testing the energy efficiency of new

21         products if the procedures are not provided for

22         in the state building code; requiring the

23         department to use nationally recognized testing

24         methods; requiring manufacturers of certain new

25         products to certify compliance with the act;

26         requiring the department to adopt rules

27         governing the identification and certification

28         of new products; authorizing the department to

29         use an accredited testing facility; requiring

30         the department to charge the manufacturer for

31         noncompliant products and to provide

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    Florida Senate - 2004                                  SB 2174
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 1         information to the public about noncompliant

 2         products; permitting the department to conduct

 3         periodic inspections of distributors or

 4         retailers; requiring the department to

 5         investigate complaints and report the results

 6         to the Attorney General; permitting the

 7         Attorney General to initiate civil proceedings

 8         to enforce the act; providing for penalties

 9         against a manufacturer, distributor, or

10         retailer in violation of the act; requiring the

11         department to adopt additional rules; providing

12         an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Legislative findings.--The Legislature

17  finds that:

18         (1)  Efficiency standards for certain products sold or

19  installed in the state assure consumers and businesses that

20  such products meet minimum efficiency performance levels, thus

21  saving money on utility bills.

22         (2)  Such efficiency standards save energy and thus

23  reduce pollution and other environmental impacts associated

24  with the production, distribution, and use of electricity and

25  natural gas.

26         (3)  Such efficiency standards can make electricity

27  systems more reliable by reducing the strain on the electric

28  power grid during peak demand periods. Furthermore, improved

29  energy efficiency can reduce or delay the need for new power

30  plants, new power transmission lines, and upgrades to the

31  power distribution system.

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    Florida Senate - 2004                                  SB 2174
    31-918-04




 1         (4)  Energy efficiency standards contribute to the

 2  economy of this state by enabling consumers and business

 3  owners to spend less on energy, leaving more capital available

 4  for the purchase of local goods and services.

 5         Section 2.  Definitions.--As used in this act, the

 6  term:

 7         (1)  "Commercial clothes washer" means a soft mount

 8  front-loading or soft mount top-loading clothes washer that is

 9  designed for use in applications where the occupants of more

10  than one household will be using it, such as in multifamily

11  housing common areas and coin laundries, or other commercial

12  applications, if the clothes container compartment is no

13  greater than 3.5 cubic feet for horizontal-axis clothes

14  washers or no greater than 4 cubic feet for vertical-axis

15  clothes washers.

16         (2)  "Commercial refrigerator and freezer" means a

17  reach-in cabinet, pass-through cabinet, roll-in cabinet, or

18  roll-through cabinet that has less than 85 cubic feet of

19  capacity and that is not a walk-in model or a consumer product

20  regulated under the National Appliance Energy Conservation Act

21  of 1987, Pub. L. No. 100-12.

22         (3)  "Department" means the Department of Environmental

23  Protection.

24         (4)  "Illuminated exit sign" means an internally

25  illuminated sign that is designed to be permanently fixed in

26  place and used to identify an exit. A light source illuminates

27  the sign or letters from within and the background of the exit

28  sign is not transparent.

29         (5)  "Large packaged air-conditioning equipment" means

30  packaged air-conditioning equipment having a cooling capacity

31  of 240,000 Btu per hour or more.

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    Florida Senate - 2004                                  SB 2174
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 1         (6)  "Low voltage dry-type distribution transformer"

 2  means a distribution transformer that:

 3         (a)  Has an input voltage of 600 volts or less;

 4         (b)  Is between 14kVa and 2,501kVa in size;

 5         (c)  Is air-cooled; and

 6         (d)  Does not use oil as a coolant.

 7         (7)  "Packaged air-conditioning equipment" means

 8  air-conditioning equipment that is built as a package and

 9  shipped as a whole to an end-user site.

10         (8)  "Pass-through cabinet" means a commercial

11  refrigerator or commercial freezer with hinged or sliding

12  doors on the front and rear of the refrigerator or freezer.

13         (9)  "Reach-in cabinet" means a commercial

14  refrigerator, commercial refrigerator-freezer, or commercial

15  freezer with hinged or sliding doors or lids, but excluding a

16  roll-in or roll-through cabinet or pass-through cabinet.

17         (10)  "Roll-in or roll-through cabinet" means a

18  commercial refrigerator or commercial freezer with hinged or

19  sliding doors that allows wheeled racks of product to be

20  rolled into or through the refrigerator or freezer.

21         (11)  "Traffic signal module" means a standard 8-inch,

22  200 mm, or 12-inch, 300 mm, round traffic signal indication

23  that consists of a light source, lens, and all parts necessary

24  for operation and that communicates movement messages to

25  drivers through red, amber, and green colors. Arrow modules in

26  the same colors are used to indicate turning movements.

27         (12)  "Transformer" means a device consisting of two or

28  more coils of insulated wire that transfers alternating

29  current by electromagnetic induction from one coil to another

30  in order to change the original voltage or current value.

31         Section 3.  Scope.--

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    Florida Senate - 2004                                  SB 2174
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 1         (1)  This act applies to the testing, certification,

 2  and enforcement of efficiency standards for the following

 3  types of new products sold, offered for sale, or installed in

 4  the state:

 5         (a)  Commercial clothes washers;

 6         (b)  Commercial refrigerators and freezers;

 7         (c)  Illuminated exit signs;

 8         (d)  Large packaged air-conditioning equipment;

 9         (e)  Low voltage dry-type distribution transformers;

10         (f)  Traffic signal modules; and

11         (g)  Such other products as may be designated by the

12  department in accordance with section 6.

13         (2)  This act does not apply to:

14         (a)  New products manufactured in the state and sold

15  outside the state;

16         (b)  New products manufactured outside the state and

17  sold at wholesale inside the state for final retail sale and

18  installation outside the state;

19         (c)  Products installed in mobile manufactured homes at

20  the time of construction; or

21         (d)  Products designed expressly for installation and

22  use in recreational vehicles.

23         Section 4.  Efficiency standards.--By January 1, 2005,

24  the department, in consultation with the Public Service

25  Commission, shall adopt rules, in accordance with chapter 120,

26  Florida Statutes, establishing minimum efficiency standards

27  for the types of new products set forth in section 3. The

28  rules shall provide for the following minimum efficiency

29  standards:

30         (1)  Commercial clothes washers shall meet the

31  requirements shown in Table P-3 of section 1605.3 of the

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    Florida Senate - 2004                                  SB 2174
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 1  California Code of Regulations, Title 20: Division 2, Chapter

 2  4, Article 4: Appliance Efficiency Regulations which took

 3  effect on November 27, 2002.

 4         (2)  Commercial refrigerators and freezers shall meet

 5  the August 1, 2004, requirements shown in Table A-6 of section

 6  1605.3 of the California Code of Regulations, Title 20:

 7  Division 2, Chapter 4, Article 4: Appliance Efficiency

 8  Regulations which took effect on November 27, 2002.

 9         (3)  Illuminated exit signs shall meet the product

10  specification (Version 2.0) of the "Energy Star Program

11  Requirements for Exit Signs" developed by the United States

12  Environmental Protection Agency.

13         (4)  Large packaged air-conditioning equipment shall

14  meet the Tier 2 efficiency levels of the "Minimum Equipment

15  Efficiencies for Unitary Commercial Air Conditioners" and

16  "Minimum Equipment Efficiencies for Heat Pumps," developed by

17  the Consortium for Energy Efficiency, Boston, MA, which took

18  effect on July 1, 2002.

19         (5)  Low voltage dry-type distribution transformers

20  shall meet or exceed the energy efficiency values shown in

21  Table 4-2 of National Electrical Manufacturers Association

22  Standard TP-1-2002.

23         (6)  Traffic signal modules shall meet the product

24  specifications of the "Energy Star Program Requirements for

25  Traffic Signals," developed by the United States Environmental

26  Protection Agency which took effect in February 2001.

27         Section 5.  Implementation.--On or after January 1,

28  2007, a new product of a type set forth in section 3 may not

29  be sold or offered for sale in the state unless the efficiency

30  of the new product meets or exceeds the efficiency standards

31  set forth in the rules adopted pursuant to section 4. On or

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    Florida Senate - 2004                                  SB 2174
    31-918-04




 1  after January 1, 2008, a new product of a type set forth in

 2  section 3 may not be installed in the state unless the

 3  efficiency of the new product meets or exceeds the efficiency

 4  standards set forth in the rules adopted pursuant to section

 5  4.

 6         Section 6.  New and revised standards.--The department

 7  may establish increased efficiency standards on the products

 8  listed in section 3. The department may also establish

 9  standards for products not specifically listed in section 3.

10  In considering such new or amended standards, the department,

11  in consultation with the Public Service Commission, shall set

12  efficiency standards upon a determination that increased

13  efficiency standards would serve to promote energy

14  conservation in the state and would be cost-effective for

15  consumers who purchase and use such new products if the new or

16  increased efficiency standards do not become effective within

17  1 year following the adoption of any amended rules providing

18  for such increased efficiency standards. The department may

19  apply for a waiver of federal preemption, in accordance with

20  42 U.S.C. s. 6297(d), for those products regulated by the

21  Federal Government.

22         Section 7.  Testing, certification, labeling, and

23  enforcement.--

24         (1)  The department shall adopt procedures for testing

25  the energy efficiency of the new products covered by section 3

26  if such procedures are not provided for in the Florida

27  Building Code. The department shall use test methods approved

28  by the United States Department of Energy or, in the absence

29  of such test methods, other appropriate nationally recognized

30  test methods. The manufacturers of such products shall cause

31  samples of such appliances to be tested in accordance with the

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    Florida Senate - 2004                                  SB 2174
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 1  test procedures adopted pursuant to this act or those

 2  specified in the Florida Building Code.

 3         (2)  Each manufacturer of new products covered by

 4  section 3 of this act shall certify to the department that

 5  such products are in compliance with this act. The department

 6  shall adopt rules governing the certification of such products

 7  and may work in coordination with the certification program of

 8  other states with like standards.

 9         (3)  Each manufacturer of new products covered by

10  section 3 of this act shall identify each product offered for

11  sale or installed in the state as in compliance with this act

12  by means of a mark, label, or tag on the product and packaging

13  at the time of sale or installation. The department shall

14  adopt rules governing the identification of such products and

15  packaging and may work in coordination with the labeling

16  programs of other states with like standards.

17         (4)  The department may test products covered by

18  section 3 using an accredited testing facility. If products

19  are found not to be in compliance with the minimum efficiency

20  standards established under section 4, the department shall:

21         (a)  Charge the manufacturer of such product for the

22  cost of product purchase and testing; and

23         (b)  Provide information to the public concerning

24  products found not to be in compliance with the standards.

25         (5)  The department may conduct periodic inspections of

26  distributors or retailers of new products covered by section 3

27  in order to determine compliance with this act. The department

28  shall also work with the Department of Business and

29  Professional Regulation to coordinate inspections for new

30  products that are also covered by the Florida Building Code.

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    Florida Senate - 2004                                  SB 2174
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 1         (6)  The department shall investigate complaints

 2  received concerning violations of this act and shall report

 3  the results of such investigations to the Attorney General.

 4  The Attorney General may institute civil proceedings to

 5  enforce the provisions of this act. Any manufacturer,

 6  distributor, or retailer who violates any provision of this

 7  act shall be issued a warning by the department for any first

 8  violation. Repeat violations are subject to a civil penalty of

 9  not more than $250. Each violation constitutes a separate

10  offense, and each day that such violation continues

11  constitutes a separate offense. Penalties assessed under this

12  paragraph are in addition to costs assessed under subsection

13  (4).

14         (7)  The department shall adopt rules as necessary to

15  ensure the proper administration and enforcement of this act.

16         Section 8.  This act shall take effect upon becoming a

17  law.

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    Florida Senate - 2004                                  SB 2174
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Establishes minimum efficiency standards for certain new
      products sold or installed in the state. Provides
 4    legislative findings. Requires the Department of
      Environmental Protection and the Public Service
 5    Commission to adopt rules establishing minimum efficiency
      standards. Specifies minimum efficiency standards.
 6    Specifies implementation deadlines. Authorizes the
      department to amend efficiency standards and establish
 7    efficiency standards for nonspecified products for the
      purpose of promoting energy conservation and cost
 8    efficiency if such standards do not become effective for
      1 year. Requires the department to adopt procedures for
 9    testing the energy efficiency of new products if the
      procedures are not provided for in the Florida Building
10    Code. Requires the department to use nationally
      recognized testing methods. Requires manufacturers of
11    certain new products to certify compliance with the act.
      Requires the department to adopt rules governing the
12    identification and certification of new products. Permits
      the testing of products with the use of an accredited
13    testing facility. Requires the department to charge the
      manufacturer for noncompliant products and to provide
14    information to the public about noncompliant products.
      Permits the department to conduct periodic inspections.
15    Requires the department to conduct investigations of
      complaints and to report the results to the Attorney
16    General. Permits the Attorney General to initiate civil
      proceedings to enforce the provisions of the act.
17    Provides penalties. (See bill for details.)

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