78R2299 SGA-F
By: McClendon H.B. No. 3252
A BILL TO BE ENTITLED
AN ACT
relating to setting, implementing, and enforcing energy efficiency
standards for selected products; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 390 to read as follows:
CHAPTER 390. ENERGY EFFICIENCY STANDARDS FOR PRODUCTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 390.001. DEFINITIONS. In this chapter:
(1) "Automatic commercial ice maker" means a
factory-made assembly that:
(A) consists of a condensing unit and an
ice-making section that operate as an integrated unit to make and
harvest ice;
(B) may include options for storing or dispensing
ice; and
(C) is not necessarily shipped in one package.
(2) "Commercial clothes washer" means a soft mount
front-loading or soft mount top-loading clothes washer designed for
use in:
(A) a laundry area serving the occupants of more
than one household, as in the common area of a multifamily housing
unit or a coin-operated laundry; or
(B) other commercial applications, if the
clothes container compartment is no larger than:
(i) 3.5 cubic feet for front-loading,
horizontal-axis washers; or
(ii) 4 cubic feet for top-loading,
vertical-axis washers.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Department" means the Texas Department of
Licensing and Regulation.
(5) "Director" means the executive director of the
Texas Department of Licensing and Regulation.
(6) "Illuminated exit sign" means a sign that is
designed:
(A) to be permanently fixed in place to identify
an exit;
(B) to have a light source that illuminates the
sign or letters from within; and
(C) to have a nontransparent background.
(7) "Large packaged air-conditioning equipment" means
packaged air-conditioning equipment with over 20 tons of cooling
capacity.
(8) "Low-voltage dry-type distribution transformer"
means a distribution transformer that:
(A) has an input voltage of 600 volts or less;
(B) is air-cooled; and
(C) does not use oil as a coolant.
(9) "Packaged air-conditioning equipment" means
air-conditioning equipment that is built as a package and shipped
as a whole to end-user sites.
(10) "Refrigerated beverage vending machine" means a
machine that cools bottled or canned beverages and dispenses them
on payment.
(11) "Set-top box" means a commercially available
electronic product the purpose of which is to receive, send,
process, translate, or record signals that are then sent to:
(A) a television or similar display device for
viewing; or
(B) a computer for processing.
(12) "Torchiere fixture" means a portable electric
lighting fixture with a reflector bowl that directs light upward
for indirect illumination.
(13) "Traffic signal" means an electric device that:
(A) consists of a set of traffic signal modules
operating in sequence; and
(B) is placed at intersections to regulate
traffic.
(14) "Traffic signal module" means an electric, round
traffic signal indicator that:
(A) consists of a light source, lens, and all
parts necessary for operation;
(B) has a nominal lens diameter of 8 inches (200
mm) or 12 inches (300 mm);
(C) provides a red, amber, or green signal to
direct traffic movement; and
(D) may include an arrow as a turning control
signal.
(15) "Transformer" means a device consisting
essentially of two or more coils of insulated wire that transfers
alternating current by electromagnetic induction from one coil to
another to change the original voltage or current value.
(16) "Unit heater" means a heater that:
(A) is designed to be installed in the space to be
heated;
(B) includes in a common casing:
(i) an apparatus or appliance to supply
heat; and
(ii) a fan for circulating air over a heat
exchange surface; and
(C) is not a warm air furnace as defined by 42
U.S.C. Section 6311, as amended.
Sec. 390.002. APPLICABILITY. (a) This chapter applies to:
(1) the products listed in Subchapter B; and
(2) other products for which the commission
establishes energy efficiency standards by rule under Section
390.101.
(b) This chapter applies only to the sale, offer for sale,
or installation of new products described by Subsection (a) and
does not apply to used or rebuilt products.
[Sections 390.003-390.050 reserved for expansion]
SUBCHAPTER B. MINIMUM ENERGY EFFICIENCY STANDARDS FOR
CERTAIN PRODUCTS
Sec. 390.051. AUTOMATIC COMMERCIAL ICE MAKERS. An
automatic commercial ice maker must meet or exceed the requirements
of the Commercial Ice-Maker Efficiency Recommendation developed by
the Federal Energy Management Program of the United States
Department of Energy and dated November 2000.
Sec. 390.052. COMMERCIAL CLOTHES WASHERS. A commercial
clothes washer must meet or exceed the requirements described by
Table P-3, Section 1605.3, California Code of Regulations, Title
20: Division 2, Chapter 4, Sections 1601-1608: Appliance Efficiency
Regulations, as in effect November 27, 2002.
Sec. 390.053. ILLUMINATED EXIT SIGNS. An illuminated exit
sign must meet or exceed the requirements of the Energy Star Program
for Exit Signs developed by the United States Environmental
Protection Agency, as in effect January 1, 1999.
Sec. 390.054. LARGE PACKAGED AIR-CONDITIONING EQUIPMENT.
Large packaged air-conditioning equipment must meet or exceed the
Tier II requirements of the Minimum Equipment Efficiencies for
Unitary Commercial Air Conditioners and Minimum Equipment
Efficiencies for Heat Pumps developed by the Consortium for Energy
Efficiency, as in effect January 1, 2002.
Sec. 390.055. LOW-VOLTAGE DRY-TYPE DISTRIBUTION
TRANSFORMERS. The efficiency of a low-voltage dry-type
distribution transformer must not be less than the 1996 values
prescribed by Table 4-2, National Electrical Manufacturers
Association Standard TP-1-1996.
Sec. 390.056. REFRIGERATED BEVERAGE VENDING MACHINES. (a)
Through December 31, 2005, a refrigerated beverage vending machine
that is illuminated must use:
(1) T-8 fluorescent lamps with electronic ballasts; or
(2) a lighting system of equal or greater efficiency.
(b) On or after January 1, 2005, the 24-hour energy
consumption of a refrigerated beverage vending machine must meet or
exceed the whole machine performance standards established by the
director after reviewing the standards adopted by the California
Energy Commission.
Sec. 390.057. SET-TOP BOXES. A set-top box must meet or
exceed the requirements of the Energy Star Program Requirements for
Set-top Boxes developed by the United States Environmental
Protection Agency, as in effect January 1, 2001.
Sec. 390.058. TORCHIERE FIXTURES. A torchiere fixture may
not:
(1) consume more than 190 watts; or
(2) be operable with lamps that total more than 190
watts.
Sec. 390.059. TRAFFIC SIGNAL MODULES. A traffic signal
module must meet or exceed the requirements of the Energy Star
Program Requirements for Traffic Signals developed by the United
States Environmental Protection Agency, as in effect February 2001.
Sec. 390.060. UNIT HEATERS. A unit heater:
(1) may not have a pilot light; and
(2) must have power venting or an automatic flue
damper.
[Sections 390.061-390.100 reserved for expansion]
SUBCHAPTER C. REGULATORY AUTHORITY; ENFORCEMENT
Sec. 390.101. ADOPTION OF ENERGY EFFICIENCY STANDARDS. (a)
The commission, in consultation with the State Energy Conservation
Office, the Texas Commission on Environmental Quality, and the
Public Utility Commission of Texas, may adopt rules that establish:
(1) increased efficiency standards for the products
listed in Subchapter B; and
(2) standards for products not listed in Subchapter B
for which energy efficiency standards are easily determined.
(b) The department shall publish on its Internet website:
(1) an updated list of all products for which the
commission or this chapter has established energy efficiency
standards;
(2) the standards for each product; and
(3) the effective date of enforcement for each
standard.
Sec. 390.102. PROHIBITION ON SALES AND INSTALLATION OF
NONCOMPLIANT PRODUCTS; PENALTY. (a) A person may not sell, offer
for sale, or install for use in this state a new product of a type
listed under Subchapter B or added by the commission under Section
390.101(a) unless the product is in compliance with or exceeds the
efficiency standards prescribed by Subchapter B or adopted by the
commission for that product type.
(b) A person who violates Subsection (a) commits an offense.
An offense under this section is a Class C misdemeanor punishable by
a fine of not less than $100 for each item sold, offered for sale, or
installed.
Sec. 390.103. ENFORCEMENT PROCEDURES; DELEGATION. (a) The
commission by rule shall adopt and shall publish on the Internet
procedures for the enforcement of energy efficiency standards for
products as established under this chapter.
(b) The commission may delegate enforcement of the
standards to counties or municipalities.
SECTION 2. (a) Not later than January 1, 2004, the Texas
Commission of Licensing and Regulation shall adopt rules and
procedures as required for the implementation of this Act.
(b) Not later than June 1, 2004, the Texas Department of
Licensing and Regulation shall post on the department's Internet
website the list of affected products as required by Section
390.101, Health and Safety Code, as added by this Act, as well as
the related energy efficiency standards, effective dates for the
enforcement of the standards, and the rules and procedures adopted
to implement this Act.
(c) Publication on the Internet of rules adopted for the
implementation of this Act does not exempt the Texas Department of
Licensing and Regulation from the publication requirements of
Subchapter B, Chapter 2001, Government Code.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2003.
(b) The change in law made by Section 390.102, Health and
Safety Code, as added by this Act, applies as follows:
(1) on or after January 1, 2005, to the sale or offer
for sale in this state, on or after that date, of a product for which
minimum energy efficiency standards are prescribed by Subchapter B,
Chapter 390, Health and Safety Code, as added by this Act, or have
been established by the Texas Commission of Licensing and
Regulation under Section 390.101(a), Health and Safety Code, as
added by this Act; and
(2) on or after January 1, 2006, to the installation in
this state, on or after that date, of a product described by
Subdivision (1) of this subsection.