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A bill to be entitled

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An act relating to energy-efficiency standards; providing

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legislative findings; providing definitions; providing

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that the act applies to specified types of new products

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sold, offered for sale, or installed in this state;

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requiring the Department of Environmental Protection, in

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consultation with the Public Service Commission, to adopt

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rules establishing minimum efficiency standards for

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specified products; specifying minimum efficiency levels

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for those standards; setting implementation deadlines;

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authorizing the Department of Environmental Protection to

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revise rules to increase efficiency levels for specified

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products over minimum standards when energy conservation

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is promoted and cost-effective; providing for a delayed

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effective date; requiring the department to adopt

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nationally recognized procedures for testing the

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efficiency of specified products if the procedures are not

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provided for in the state building code; requiring

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manufacturers of specified products to certify compliance

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with the act; requiring the department to adopt rules

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governing the identification and certification of

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specified products; authorizing the department to use an

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accredited testing facility; requiring the department to

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charge the manufacturer for noncompliant products and to

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provide information to the public about noncompliant

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products; authorizing the department to conduct periodic

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inspections of distributors or retailers; requiring the

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department to investigate complaints and report the

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results to the Attorney General; authorizing the Attorney

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General to initiate civil proceedings to enforce the act;

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providing for penalties against a manufacturer,

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distributor, or retailer in violation of the act;

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providing for a warning for first-time violations;

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authorizing the department to adopt additional rules;

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providing an effective date.

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

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     Section 1. Legislative findings.--The Legislature finds

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that:

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     (1) Efficiency standards for certain products sold or

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installed in the state assure business and residential consumers

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that such products meet minimum efficiency performance levels,

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thus saving money on utility bills.

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     (2) Such efficiency standards save energy and thus reduce

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pollution and other environmental impacts associated with the

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production, distribution, and use of electricity and natural gas.

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     (3) Such efficiency standards can make electrical systems

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more reliable by reducing the strain on the electric power grid

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during peak demand periods. Improved energy efficiency can reduce

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or delay the need for new power plants, new power transmission

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lines, and upgrades to the power distribution system.

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     (4) Energy-efficiency standards contribute to the economy

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of the state by enabling business and residential consumers to

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spend less on energy, leaving more capital available for the

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purchase of local goods and services.

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

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     (1) "Commercial clothes washer" means a soft mount front-

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loading or soft mount top-loading clothes washer that is designed

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for use by more than one household, such as in multifamily

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housing common areas, coin laundries, or other multifamily

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applications, and that has a clothes container compartment no

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greater than 3.5 cubic feet for horizontal-axis clothes washers

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or no greater than 4 cubic feet for vertical-axis clothes

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washers.

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     (2) "Commercial refrigerator and freezer" means a reach-in

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

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cabinet that has less than 85 cubic feet of cooling space and is

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not a walk-in model or a consumer product regulated under the

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National Appliance Energy Conservation Act of 1987, Pub. L. No.

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100-12.

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     (3) "Department" means the Department of Environmental

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Protection.

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

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sign that is designed to be permanently mounted and used to

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identify an exit. A light source illuminates the sign or letters

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from within and the background of the sign is not transparent.

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

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packaged air-conditioning equipment having a cooling capacity of

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240,000 Btu per hour or more.

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     (6) "Low-voltage, dry-type distribution transformer" means

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a distribution transformer that:

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

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

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     (c) Is air-cooled; and

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     (d) Does not use oil as a coolant.

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

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conditioning equipment that is built as a package and shipped as

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a whole to the site of an end user.

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

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or commercial freezer with hinged or sliding doors on the front

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and rear of the refrigerator or freezer.

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     (9) "Reach-in cabinet" means a commercial refrigerator,

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commercial refrigerator-freezer, or commercial freezer with

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hinged or sliding doors or lids, but excluding a roll-in or roll-

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through cabinet or pass-through cabinet.

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

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refrigerator or commercial freezer with hinged or sliding doors

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that allows wheeled racks of product to be rolled into or through

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the cooling space.

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     (11) "Traffic signal module" means a standard 8-inch, 200

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mm, or 12-inch, 300 mm, round traffic signal indication that has

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a light source, lens, and all parts necessary to communicate

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movement messages to drivers through red, amber, and green

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colors, which may include arrow modules in the same colors to

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indicate turning movements.

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

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coils of insulated wire that transfers alternating electric

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current by electromagnetic induction from one coil to another in

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order to change the original voltage or current value.

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     Section 3. Scope.--

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     (1) This act applies to the testing, certification, and

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enforcement of efficiency standards for the following types of

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new products sold, offered for sale, or installed in the state:

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     (a) Commercial clothes washers;

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     (b) Commercial refrigerators and freezers;

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     (c) Illuminated exit signs;

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     (d) Large packaged air-conditioning equipment;

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     (e) Low-voltage, dry-type distribution transformers; and

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     (f) Traffic signal modules.

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     (2) This act does not apply to:

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

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the state;

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     (b) New products manufactured outside the state and sold at

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wholesale inside the state for final retail sale and installation

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outside the state;

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     (c) Products installed in mobile manufactured homes at the

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time of construction; or

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     (d) Products designed expressly for installation and use in

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recreational vehicles.

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     Section 4. Efficiency standards.--By January 1, 2009, the

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department, in consultation with the Public Service Commission,

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shall adopt rules, in accordance with chapter 120, Florida

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Statutes, establishing minimum efficiency standards for the types

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of new products set forth in section 3. The rules shall provide

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for the following minimum efficiency standards:

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     (1) Commercial clothes washers shall meet the requirements

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shown in Table P-3 of section 1605.3 of the California Code of

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Regulations, Title 20: Division 2, Chapter 4, Article 4:

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Appliance Efficiency Regulations which took effect on November

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27, 2002.

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     (2) Commercial refrigerators and freezers shall meet the

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requirements shown in Table A-6 of section 1605.3 of the

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California Code of Regulations, Title 20: Division 2, Chapter 4,

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Article 4: Appliance Efficiency Regulations which took effect on

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November 27, 2002.

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     (3) Illuminated exit signs shall meet the product

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specification (Version 2.0) of the Energy Star Program

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Requirements for Exit Signs developed by the United States

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Environmental Protection Agency.

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     (4) Large packaged air-conditioning equipment shall meet

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the Tier 2 efficiency levels of the Minimum Equipment

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Efficiencies for Unitary Commercial Air Conditioners and Minimum

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Equipment Efficiencies for Heat Pumps, developed by the

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Consortium for Energy Efficiency in Boston, Massachusetts, which

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took effect on July 1, 2002.

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     (5) Low-voltage, dry-type distribution transformers shall

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meet or exceed the energy-efficiency values shown in Table 4-2 of

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National Electrical Manufacturers Association Standard TP-1-2002.

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     (6) Traffic signal modules shall meet the product

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specifications of the Energy Star Program Requirements for

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Traffic Signals, developed by the United States Environmental

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Protection Agency, which took effect in February 2001.

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     Section 5. Implementation.--On or after January 1, 2012, a

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new product of a type set forth in section 3 may not be sold or

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offered for sale in the state unless the efficiency of the new

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product meets or exceeds the efficiency standards set forth in

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the rules adopted under section 4. On or after January 1, 2009, a

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new product of a type set forth in section 3 may not be installed

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in the state unless the efficiency of the new product meets or

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exceeds the efficiency standards set forth in the rules adopted

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under section 4.

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     Section 6. Revised standards.--The department may adopt

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rules that increase efficiency standards for products listed in

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section 3 beyond the efficiency levels specified in section 4. In

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considering such rules, the department shall consult with the

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Public Service Commission. The rules must be based on a

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determination that the increased efficiency levels would promote

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energy conservation and be cost-effective for consumers who

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purchase and use such products. A rule establishing revised

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efficiency standards does not take effect until 1 year after the

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rule is adopted. The department may apply for a waiver of federal

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preemption, under 42 U.S.C. s. 6297(d), for those products

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regulated by the Federal Government.

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     Section 7. Testing, certification, labeling, and

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enforcement.--

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     (1) The department shall adopt procedures for testing the

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energy efficiency of the products listed in section 3 if such

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procedures are not provided for in the Florida Building Code. The

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department shall use test methods approved by the United States

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Department of Energy or, in the absence of such test methods,

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other appropriate nationally recognized test methods. The

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manufacturers of such products shall cause samples of such

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appliances to be tested in accordance with the test procedures

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adopted under this subsection or the Florida Building Code.

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     (2) Each manufacturer of the new products listed in section

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3 shall certify to the department that such products are in

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compliance with this act. The department shall adopt rules

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governing the certification of such products and may work in

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coordination with the certification program of other states that

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have similar standards.

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     (3) Each manufacturer of the new products listed in section

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3 shall identify each product offered for sale or installed in

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the state as in compliance with this act by means of a mark,

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label, or tag on the product and packaging at the time of sale or

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installation. The department shall adopt rules governing the

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identification of such products and packaging and may work in

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coordination with the labeling programs of other states that have

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equivalent standards.

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     (4) The department may test the products listed in section

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3 using an accredited testing facility. If products tested do not

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comply with the minimum efficiency standards established under

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section 4, or as revised under section 6, the department shall:

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

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product purchase and testing; and

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     (b) Provide information to the public concerning products

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found not to be in compliance with the standards.

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     (5) The department may conduct periodic inspections of

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distributors or retailers of the products listed in section 3 in

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order to determine compliance with this act. The department shall

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work with the Department of Business and Professional Regulation

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to coordinate inspections when such products are also covered by

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the Florida Building Code.

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     (6) The department shall investigate complaints received

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concerning violations of this act and shall report the results of

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such investigations to the Attorney General. The Attorney General

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may institute civil proceedings to enforce the provisions of this

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act. Any manufacturer, distributor, or retailer who violates this

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

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violation. Repeat violations are subject to a civil penalty of

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not more than $250. Each violation constitutes a separate

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offense, and each day that such violation continues constitutes a

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separate offense. Penalties assessed under this subsection are in

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addition to costs assessed under subsection (4).

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

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the proper administration and enforcement of this act.

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