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  80R2974 SGA-F
 
  By: Anchia H.B. No. 1122
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to efficiency standards for certain appliances; providing
a civil 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 392 to read as follows:
Chapter 392. APPLIANCE EFFICIENCY STANDARDS
SUBCHAPTER A. GENERAL PROVISIONS
       Sec. 392.001.  DEFINITIONS. In this chapter:
             (1)  "Ballast" means a device used with an electric
discharge lamp to obtain necessary circuit conditions involving
voltage, current, and waveform, for starting and operating the
lamp.
             (2)  "Bottle-type water dispenser" means a water
dispenser that uses a bottle or reservoir as the source of potable
water.
             (3)  "Commercial hot food holding cabinet" means a
heated, fully enclosed compartment with one or more solid or glass
doors that is designed to maintain the temperature of hot food that
has been cooked in a separate appliance.
             (4)  "Compact audio product," also known as a mini,
mid, micro, or shelf audio system, means an integrated audio system
encased in a single housing that includes an amplifier and radio
tuner with attached or separable speakers that can reproduce audio
from magnetic tape, compact disc, DVD, or flash memory.
             (5)  "Digital versatile disc" or "DVD" means a
laser-encoded plastic medium capable of storing a large amount of
digital audio, video, or computer data.
             (6)  "DVD player" means a digital versatile disc player
that:
                   (A)  is a commercially available electronic
product encased in a single housing that includes an integral power
supply; and
                   (B)  is designed to decode digitized video signals
on a DVD.
             (7)  "DVD recorder" means a digital versatile disc
recorder that:
                   (A)  is a commercially available electronic
product encased in a single housing that includes an integral power
supply; and
                   (B)  is designed for the production or recording
of digitized video signals on a DVD.
             (8)  "Energy Star Program" means the United States
Environmental Protection Agency's Energy Star Program.
             (9)  "High-intensity discharge lamp" means a lamp in
which:
                   (A)  light is produced by the passage of an
electric current through a vapor or gas;
                   (B)  the light-producing arc is stabilized by bulb
wall temperature; and
                   (C)  the arc tube has a bulb wall loading of
greater than three watts per square centimeter.
             (10)  "Metal halide lamp" means a high-intensity
discharge lamp in which the major portion of the light is produced
by radiation of metal halides and their products of dissociation.
             (11)  "Metal halide lamp fixture" means a fixture
designed to be operated with a metal halide lamp and a ballast for a
metal halide lamp.
             (12)  "Portable electric spa" means a factory-built
electric spa or hot tub, supplied with equipment for heating and
circulating water.
             (13)  "Residential pool pump" means a pump used to
circulate and filter residential swimming pool water to maintain
the water's clarity and sanitation.
             (14)  "Single-voltage external AC to DC power supply"
means a device that:
                   (A)  is designed to convert line voltage
alternating current input into lower voltage direct current output;
                   (B)  is able to convert to only one direct current
output voltage at a time;
                   (C)  is intended to be used with a separate
end-use product that constitutes the primary power load;
                   (D)  is contained in a physical enclosure separate
from the end-use product;
                   (E)  is designed to be connected to the end-use
product by a removable or hard-wired electrical connection, cable,
cord, or other wiring;
                   (F)  has a nameplate output power less than or
equal to 250 watts;
                   (G)  does not have a fixed or removable battery or
battery pack that physically attaches directly to the power supply
converter unit; and
                   (H)  does not have:
                         (i)  a battery chemistry or type selector
switch and indicator light; or
                         (ii)  a battery chemistry or type selector
switch and a state of charge meter.
             (15)  "State-regulated incandescent reflector lamp"
means a lamp that:
                   (A)  is not colored or designed for rough or
vibration service applications;
                   (B)  has an inner reflective coating on the outer
bulb to direct the light;
                   (C)  has a standard E26 (Edison 26 millimeter)
medium screw base;
                   (D)  has a rated voltage or voltage range at least
partially within the range of 115 to 130 volts; and
                   (E)  is one of the following types:
                         (i)  a blown parabolic aluminized reflector
(BPAR) lamp, bulged reflector (BR) lamp, elliptical reflector (ER)
lamp, or a lamp with a similar bulb shape with a diameter equal to or
greater than 2.25 inches; or
                         (ii)  a reflector (R) lamp, a parabolic
aluminized reflector (PAR) lamp, or a lamp with a similar bulb shape
with a diameter of 2.25 to 2.75 inches.
             (16)  "Walk-in freezer" means a refrigerated space a
person can walk into that:
                   (A)  has a total frozen storage area of less than
3,000 square feet;
                   (B)  operates at a temperature at or below 32
degrees Fahrenheit; and
                   (C)  is connected to a self-contained or remote
condensing unit.
             (17)  "Walk-in refrigerator" means a refrigerated
space a person can walk into that:
                   (A)  has a total chilled storage area of less than
3,000 square feet;
                   (B)  operates at a chilled temperature above 32
degrees Fahrenheit; and
                   (C)  is connected to a self-contained or remote
condensing unit.
             (18)  "Water dispenser" means a factory-made assembly
that mechanically cools and heats potable water and that dispenses
the cooled or heated water by integral or remote means.
       Sec. 392.002.  APPLICABILITY; EXEMPTIONS. (a) This chapter
applies to the following new products sold, offered for sale, or
installed in this state:
             (1)  bottle-type water dispensers;
             (2)  commercial hot food holding cabinets;
             (3)  compact audio products;
             (4)  DVD players and recorders;
             (5)  metal halide lamp fixtures;
             (6)  portable electric spas;
             (7)  residential pool pumps;
             (8)  single-voltage external AC to DC power supplies;
             (9)  state-regulated incandescent reflector lamps;
             (10)  walk-in refrigerators and freezers; and
             (11)  any other products that are designated by the
comptroller in accordance with Section 392.102.
       (b)  This chapter does not apply to:
             (1)  a new product manufactured in this state and sold
outside the state;
             (2)  a new product manufactured outside this state and
sold at wholesale inside the state for final retail sale and
installation outside the state;
             (3)  a product installed in a mobile manufactured home
at the time of the home's construction;
             (4)  a product designed expressly for installation and
use in a recreational vehicle;
             (5)  a commercial heated glass merchandizing cabinet,
drawer warmer, or cook-and-hold appliance for hot food;
             (6)  a compact audio product that:
                   (A)  can be independently powered by internal
batteries;
                   (B)  has a powered external satellite antenna; or
                   (C)  can provide a video output signal;
             (7)  a DVD recorder that has an electronic programming
guide function that provides an interactive, onscreen menu of
television listings and downloads program information from the
vertical blanking interval of a regular television signal;
             (8)  a refrigerated warehouse;
             (9)  a chilled-space product designed and marketed
exclusively for medical, scientific, or research purposes;
             (10)  a single-voltage external AC to DC power supply
that requires United States Food and Drug Administration listing
and approval as a medical device; or
             (11)  an incandescent reflector lamp that is rated at:
                   (A)  50 watts or less with a diameter of 30/8 or
40/8 inches and is one of the following types: BR30, ER30, BR40, and
ER40;
                   (B)  65 watts with a diameter of 30/8 or 40/8
inches and is one of the following types: BR30, BR40, and ER40; or
                   (C)  45 watts or less with a diameter of 20/8
inches (R20 lamps).
[Sections 392.003-392.050 reserved for expansion]
SUBCHAPTER B. EFFICIENCY STANDARDS
       Sec. 392.051.  MINIMUM EFFICIENCY STANDARDS FOR CERTAIN
APPLIANCES. Not later than September 1, 2008, the comptroller, in
consultation with the state energy conservation office, shall adopt
rules establishing minimum efficiency standards for each type of
new product described by Section 392.002(a).
       Sec. 392.052.  NEW OR INCREASED EFFICIENCY STANDARDS. (a)
The comptroller may adopt rules to establish increased efficiency
standards for a product listed in Section 392.002(a) or to
establish standards for a product not listed in that subsection.
       (b)  In considering new or increased standards, the
comptroller, in consultation with the state energy conservation
office, shall prescribe new or increased efficiency standards if
the comptroller determines that the standards would:
             (1)  serve to promote energy conservation in this
state; and
             (2)  be cost-effective for consumers who purchase and
use the new product.
       Sec. 392.053.  EFFECTIVE DATE OF STANDARDS. A standard
established under this subchapter takes effect on the first
anniversary of the date the rule establishing the standard is
adopted.
       Sec. 392.054.  BOTTLE-TYPE WATER DISPENSERS. A bottle-type
water dispenser designed for dispensing both hot and cold water may
not have standby energy consumption greater than 1.2 kilowatt-hours
per day, as measured in accordance with the test criteria contained
in version 1 of the "Energy Star Program Requirements for Bottled
Water Coolers," except that Section D, "Timer Usage," of those test
criteria may not be used to test units with an integral, automatic
timer.
       Sec. 392.055.  COMMERCIAL HOT FOOD HOLDING CABINETS. (a) A
commercial hot food holding cabinet must have a maximum idle energy
rate of not greater than 40 watts per cubic foot of interior volume,
as determined by the "idle energy rate-dry test" in ASTM F2140-01,
"Standard Test Method for Performance of Hot Food Holding
Cabinets," copyright 2007 ASTM International.
       (b)  Interior volume must be measured in accordance with the
method shown in the "Energy Star Program Requirements for
Commercial Hot Food Holding Cabinets" as in effect on August 15,
2003.
       Sec. 392.056.  COMPACT AUDIO PRODUCTS. A compact audio
product may not use more than two watts in standby-passive mode for
a product without a permanently illuminated clock display and four
watts in standby-passive mode for a product with a permanently
illuminated clock display, as measured in accordance with
International Electrotechnical Commission (IEC) test method
62087:2002-2003(E), "Methods of measurement for the power
consumption of audio, video, and related equipment."
       Sec. 392.057.  DVD PLAYERS OR RECORDERS. A DVD player or
recorder may not use more than three watts in standby-passive mode,
as measured in accordance with International Electrotechnical
Commission (IEC) test method 62087:2002-2003(E), "Methods of
measurement for the power consumption of audio, video, and related
equipment."
       Sec. 392.058.  METAL HALIDE LAMP FIXTURES. A metal halide
lamp fixture designed to be operated with a lamp that has a wattage
rating of 150 to 500 watts may not contain a ballast to operate the
lamp known as a "probe-start metal halide ballast" that:
             (1)  does not contain an igniter; and
             (2)  starts the lamp by using a third starting
electrode probe in the arc tube.
       Sec. 392.059.  PORTABLE ELECTRIC SPAS. A portable electric
spa may not have a standby power greater than 5(V2/3) watts where V
equals the total volume in gallons. Standby power must be measured
in accordance with the test method for portable electric spas
contained in Section 1604, Title 20, California Code of
Regulations, as of December 2006.
       Sec. 392.060.  RESIDENTIAL POOL PUMP MOTORS. (a) A
residential pool pump motor may not be a split-phase or capacitor
start-induction run type motor.
       (b)  A residential pool pump motor with a capacity of one
horsepower or more must have the capability of operating at more
than one speed with a low speed having a rotation rate that is not
more than one-half of the motor's maximum rotation rate.
       (c)  Pool pump motor controls must have the capability of
operating the pool pump at more than one speed. The pump's default
circulation speed must be the lowest speed, and the pump's high
speed override capability must be governed by a control device that
allows the higher circulation speed to operate only for a temporary
period not to exceed one normal cycle.
       Sec. 392.061.  SINGLE-VOLTAGE EXTERNAL AC TO DC POWER
SUPPLIES. (a) A single-voltage external AC to DC power supply must
meet the minimum energy efficiency and maximum energy consumption
requirements provided by the following table:
Nameplate Output Power        Minimum Energy
  Efficiency in Active Mode
0 to < 1 watt      0.49 * Nameplate Output
=1 watt and =49 watts      0.09*Ln(Nameplate Output Power) + 0.49
> 49 watts      0.84
       Maximum Energy
  Consumption in No-Load Mode
0 to < 10 watts      0.5 watts
= 10 watts and =250 watts      0.75 watts
       Where Ln (Nameplate Output) = Natural Logarithm of the
nameplate output expressed in watts
       (b)  These standards apply to single-voltage external AC to
DC power supplies that are sold individually and to those that are
sold as a component of or in conjunction with another product.
       (c)  For purposes of this section, the efficiency of a
single-voltage external AC to DC power supply must be measured in
accordance with the test methodology specified by the Energy Star
Program "Test Method for Calculating the Energy Efficiency of
Single-Voltage External AC-DC and AC-AC Power Supplies (August 11,
2004)," except that tests shall be conducted at 115 volts only.
       Sec. 392.062.  STATE-REGULATED INCANDESCENT REFLECTOR
LAMPS.  A state-regulated incandescent reflector lamp must meet the
minimum average lamp efficacy requirements for federally regulated
incandescent reflector lamps contained in 42 U.S.C. Section
6295(i)(1)(A), as in effect on January 1, 2007.
       Sec. 392.063.  WALK-IN REFRIGERATORS AND FREEZERS. (a)  A
walk-in refrigerator or freezer must have:
             (1)  automatic door closers that firmly close all
reach-in doors and that firmly close walk-in doors not wider than 3
feet 9 inches and not higher than 6 feet 11 inches that have been
closed to within one inch of full closure;
             (2)  wall, ceiling, and door insulation resistance
values of at least R-28 for refrigerators and R-32 for freezers,
except for glazed portions of doors and structural members;
             (3)  a floor insulation resistance value of at least
R-28 for freezers;
             (4)  for a single-phase evaporator fan motor rated at
less than one horsepower and at less than 460 volts, an
electronically commutated motor;
             (5)  for a condenser fan motor rated at less than one
horsepower:
                   (A)  an electronically commutated motor;
                   (B)  a permanent split capacitor-type motor; or
                   (C)  a polyphase motor of one-half horsepower or
more; and
             (6)  except as provided by Subsection (d), for all
interior lights, light sources with an efficacy of 40 lumens per
watt or more, including ballast losses.
       (b)  In addition to the requirements under Subsection (a), a
walk-in refrigerator or freezer with transparent reach-in doors
must have the following:
             (1)  transparent reach-in doors or windows in walk-in
doors for a walk-in freezer of triple-pane glass with
heat-reflective treated glass or gas fill;
             (2)  transparent reach-in doors or windows in walk-in
doors for a walk-in refrigerator of double-pane or triple-pane
glass with heat-reflective treated glass and gas fill;
             (3)  for an appliance that has an anti-sweat heater
without anti-sweat heat controls, a total door rail, glass, and
frame heater power draw of not more than 7.1 watts per square foot
of door opening for a freezer and 3.0 watts per square foot of door
opening for a refrigerator; and
             (4)  for an appliance that has an anti-sweat heater
with anti-sweat heat controls and the total door rail, glass, and
frame heater power draw is more than 7.1 watts per square foot of
door opening for a freezer or 3.0 watts per square foot of door
opening for a refrigerator, anti-sweat heat controls that reduce
the energy use of the anti-sweat heater in an amount corresponding
to the relative humidity in the air outside the door or to the
condensation on the inner glass pane.
       (c)  The comptroller may delay implementation of Subsection
(a)(4) on a determination that the specified motors are available
only from one manufacturer or in quantities insufficient to serve
the needs of the walk-in industry for evaporator-fan applications.
       (d)  A walk-in refrigerator or freezer may have interior
light sources with an efficacy of less than 40 lumens per watt,
including ballast losses, if the lights are used in conjunction
with a timer or device that turns the lights off whenever the
refrigerator or freezer is unoccupied for a period not to exceed 15
minutes.
[Sections 392.064-392.100 reserved for expansion]
SUBCHAPTER C.  IMPLEMENTATION AND MODIFICATION OF EFFICIENCY
STANDARDS
       Sec. 392.101.  PRODUCT COMPLIANCE.  (a)  A new product
described by Section 392.002(a) may not be sold or offered for sale
in this state unless the efficiency of the new product meets or
exceeds the applicable efficiency standards prescribed by the rules
adopted under Subchapter B.
       (b)  On or after the first anniversary of the date the sale or
offering for sale of a new product becomes subject to an efficiency
standard adopted under this chapter, that product may not be
installed for compensation in this state unless the efficiency of
the product meets or exceeds the applicable efficiency standards
prescribed by the rules adopted under Subchapter B.
       Sec. 392.102.  APPLICATION FOR WAIVER. For purposes of this
chapter, the comptroller may apply for a waiver of federal
preemption in accordance with federal procedures under 42 U.S.C.
Section 6297(d) to authorize state efficiency standards for a
product regulated by the federal government.
[Sections 392.103-392.150 reserved for expansion]
SUBCHAPTER D. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT
       Sec. 392.151.  PRODUCT TESTING.  (a)  The manufacturer of a
new product subject to an efficiency standard adopted under this
chapter shall test samples of the product in accordance with the
test procedures adopted under this chapter.
       (b)  The comptroller, in consultation with the State Energy
Conservation Office, by rule shall adopt test procedures for
determining a product's energy efficiency if Subchapter B does not
provide for the procedures. The comptroller shall adopt test
methods approved by the United States Department of Energy or, in
the absence of those test methods, other appropriate nationally
recognized test methods.
       (c)  The comptroller may adopt revised test procedures when
new versions of test procedures become available.
       Sec. 392.152.  PRODUCT CERTIFICATION. (a)  Except as
provided by Subsection (c), the manufacturer of a new product
subject to an efficiency standard adopted under this chapter shall
certify to the comptroller that the product is in compliance with
that standard according to test results.
       (b)  The comptroller shall adopt rules governing the
certification of products under this section and shall coordinate
certification by this state with the certification programs of
other states and federal agencies with similar standards.
       (c)  Subsection (a) does not apply to a manufacturer of
single-voltage external AC to DC power supplies, walk-in
refrigerators, or walk-in freezers.
       Sec. 392.153.  PRODUCT LABELING.  (a)  The manufacturer of a
new product subject to an efficiency standard adopted under this
chapter shall identify each product offered for sale or
installation in this state as being in compliance with this chapter
by means of a mark, label, or tag on the product and packaging at the
time of sale or installation.
       (b)  The comptroller shall adopt rules governing the
identification of products and packaging under this section. The
rules must to the greatest practical extent be coordinated with the
labeling programs of other states and federal agencies with
equivalent efficiency standards. The comptroller shall allow the
use of existing marks, labels, or tags that connote compliance with
the efficiency requirements of this chapter.
       Sec. 392.154.  COMPTROLLER TESTING FOR EFFICIENCY STANDARDS
COMPLIANCE. (a)  The comptroller may test products subject to an
efficiency standard adopted under this chapter for compliance with
the applicable efficiency standards. If a product tested is found
not to be in compliance with the standards, the comptroller shall:
             (1)  impose against the manufacturer of the product an
assessment in an amount sufficient to recover the costs of
purchasing and testing the product; and
             (2)  make information available to the public on any
product found to be not in compliance with the standards.
       Sec. 392.155.  INSPECTIONS.  The comptroller may have
periodic inspections conducted of a distributor or retailer of new
products covered by Section 392.002 subject to an efficiency
standard adopted under this chapter to determine compliance with
this chapter.  The inspections must be conducted at reasonable and
convenient hours.  Notice must be given before an inspection may be
conducted.
       Sec. 392.156.  COMPLAINTS.  The comptroller shall
investigate a complaint received concerning a violation of this
chapter and shall report the results of the investigation to the
attorney general.
       Sec. 392.157.  ATTORNEY GENERAL ENFORCEMENT. The attorney
general may institute proceedings to enforce this chapter.
       Sec. 392.158.  VIOLATIONS AND PENALTIES.  (a)  The
comptroller shall issue a warning to a person for the person's first
violation of this chapter.
       (b)  A person's second and subsequent violations are subject
to a civil penalty of not more than $250.
       (c)  Each violation constitutes a separate violation, and
each day that a violation continues constitutes a separate
violation.
       (d)  A penalty assessed under this section is in addition to
costs assessed under Section 392.154.
       Sec. 392.159.  RULES FOR IMPLEMENTATION AND ENFORCEMENT.
The comptroller may adopt additional rules necessary to ensure the
proper implementation and enforcement of this chapter.
       SECTION 2.  (a)  The efficiency standards prescribed by
rules adopted under Subchapter B, Chapter 392, Health and Safety
Code, as added by this Act, apply only to the sale or offer of sale
of a new product to which that chapter applies that occurs on or
after January 1, 2009.
       (b)  Notwithstanding Subsection (a) of this section:
             (1)  a new residential pool pump that does not meet the
efficiency standards contained in Sections 392.060(b) and (c),
Health and Safety Code, as added by this Act, may be sold in this
state through December 31, 2009; and
             (2)  a new single-voltage external AC to DC power
supply made available by a manufacturer directly to a consumer or to
a service or repair facility after and separate from the original
sale of a product requiring the power supply as a service part or
spare part is not required to meet the standards of Section 392.061,
Health and Safety Code, as added by this Act, until January 1, 2013.
       SECTION 3.  This Act takes effect September 1, 2007.