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A BILL TO BE ENTITLED
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AN ACT
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relating to energy demand, energy load, energy efficiency |
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incentives, energy programs, and energy performance measures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.171 to read as follows: |
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Sec. 11.171. SOLAR ELECTRIC GENERATION FOR PUBLIC SCHOOL |
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BUILDINGS. (a) The trustees of an independent school district |
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shall ensure that any new public school built in the district is |
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designed for and constructed with solar electric generation panels |
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on the rooftops of the school. The trustees may provide for the |
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addition of solar electric generation panels to the rooftops of any |
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existing public school in the district or for a new building on the |
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property of a public school to be designed for and constructed with |
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solar electric generation panels. |
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(b) The trustees of an independent school district shall |
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contract with the public utility, retail electric provider, |
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municipally owned utility, or electric cooperative providing |
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electricity to the district so that: |
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(1) surplus electricity produced by a school |
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building's solar electric generation panels is made available for |
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sale to the electric transmission and distribution system; and |
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(2) the net value of that surplus electricity is |
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credited to the district. |
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SECTION 2. Section 447.009, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A state agency or institution of higher education that |
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occupies a building or facility located in an air quality |
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nonattainment area or affected county, as those terms are defined |
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in Section 386.001, Health and Safety Code, shall include in the |
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plan described in Subsection (a)(1) a goal to reduce energy |
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consumption in its buildings and facilities located in those areas |
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by five percent per year for five years beginning January 1, 2008. |
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In each year in which the goal applies, the agency or institution |
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shall issue a report to the state energy conservation office |
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detailing the agency's or institution's progress in reaching the |
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goal. The state energy conservation office shall include in its |
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annual evaluation under Section 388.006, Health and Safety Code, |
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the information provided to the office by an agency or institution |
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regarding the progress. This subsection expires January 2, 2013. |
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SECTION 3. Subchapter A, Chapter 2165, Government Code, is |
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amended by adding Sections 2165.008 and 2165.009 to read as |
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follows: |
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Sec. 2165.008. PROHIBITION ON USE OF INCANDESCENT LIGHT |
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BULBS. A state agency in charge and control of a state building or |
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of state grounds may not use incandescent light bulbs when |
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replacing a light bulb in the state building or on the state |
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grounds. |
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Sec. 2165.009. ENERGY EFFICIENCY MECHANISMS IN STATE |
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BUILDINGS. A state agency in charge and control of a state building |
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shall adopt rules, in coordination with appropriate state agencies, |
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to retrofit the building with energy efficiency mechanisms, |
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including energy-efficient facilities or appliances and |
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insulation, windows, or other building additions designed to reduce |
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energy use. |
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SECTION 4. Sections 388.003(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) To achieve energy conservation in this state, the State |
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Energy Conservation Office shall adopt an energy code for |
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single-family residential construction and an energy code for all |
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other residential, commercial, and industrial construction. The |
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office shall ensure that the adopted energy codes will result in |
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energy conservation to an extent that meets or exceeds the |
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conservation to be achieved by the codes prescribed by Subsection |
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(b) and shall periodically review and consider for adoption the |
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most recent revision of those codes. |
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(b) Until the energy codes are revised as provided by |
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Subsection (a): |
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(1) [single-family residential construction,] the |
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energy efficiency chapter of the International Residential Code, as |
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it existed on May 1, 2001, is adopted as the energy code in this |
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state for single-family residential construction; and |
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(2) [.
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[(b)
To achieve energy conservation in all other
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residential, commercial, and industrial construction,] the |
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International Energy Conservation Code as it existed on May 1, |
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2001, is adopted as the energy code for use in this state for all |
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other residential, commercial, and industrial construction. |
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SECTION 5. Section 388.005(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Each political subdivision shall establish a goal to |
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reduce the electric consumption by the political subdivision by |
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five percent each year until December 31, 2012 [for five years,
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beginning January 1, 2002]. |
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SECTION 6. Section 388.008, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The laboratory, in coordination with other state |
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agencies, shall adopt rules to expand the home energy ratings |
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program to ensure a residential building can receive an energy |
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efficiency rating at the request of an owner or a resident of a |
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single-family or multi-family residence. |
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SECTION 7. Chapter 388, Health and Safety Code, is amended |
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by adding Section 388.013 to read as follows: |
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Sec. 388.013. ENERGY AUDIT PROGRAM. The commission shall |
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coordinate with other state agencies to establish an energy audit |
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program for owners and other residents of single-family and |
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multi-family residences. |
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SECTION 8. Subtitle C, Title 5, Health and Safety Code, is |
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amended by adding Chapter 392 to read as follows: |
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CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 392.001. DEFINITIONS. In this chapter: |
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(1) "Ballast" means a device used with an electric |
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discharge lamp to obtain necessary circuit conditions involving |
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voltage, current, and waveform, for starting and operating the |
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lamp. |
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(2) "Bottle-type water dispenser" means a water |
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dispenser that uses a bottle or reservoir as the source of potable |
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water. |
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(3) "Commercial hot food holding cabinet" means a |
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heated, fully enclosed compartment with one or more solid or glass |
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doors that is designed to maintain the temperature of hot food that |
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has been cooked in a separate appliance. |
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(4) "Compact audio product," also known as a mini, |
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mid, micro, or shelf audio system, means an integrated audio system |
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encased in a single housing that includes an amplifier and radio |
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tuner with attached or separable speakers that can reproduce audio |
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from magnetic tape, compact disc, DVD, or flash memory. |
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(5) "Digital versatile disc" or "DVD" means a |
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laser-encoded plastic medium capable of storing a large amount of |
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digital audio, video, or computer data. |
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(6) "DVD player" means a digital versatile disc player |
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that: |
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(A) is a commercially available electronic |
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product encased in a single housing that includes an integral power |
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supply; and |
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(B) is designed to decode digitized video signals |
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on a DVD. |
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(7) "DVD recorder" means a digital versatile disc |
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recorder that: |
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(A) is a commercially available electronic |
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product encased in a single housing that includes an integral power |
|
supply; and |
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(B) is designed for the production or recording |
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of digitized video signals on a DVD. |
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(8) "Energy Star Program" means the United States |
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Environmental Protection Agency's Energy Star Program. |
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(9) "High-intensity discharge lamp" means a lamp in |
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which: |
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(A) light is produced by the passage of an |
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electric current through a vapor or gas; |
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(B) the light-producing arc is stabilized by bulb |
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wall temperature; and |
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(C) the arc tube has a bulb wall loading of |
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greater than three watts per square centimeter. |
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(10) "Metal halide lamp" means a high-intensity |
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discharge lamp in which the major portion of the light is produced |
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by radiation of metal halides and their products of dissociation. |
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(11) "Metal halide lamp fixture" means a fixture |
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designed to be operated with a metal halide lamp and a ballast for a |
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metal halide lamp. |
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(12) "Portable electric spa" means a factory-built |
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electric spa or hot tub, supplied with equipment for heating and |
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circulating water. |
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(13) "Residential pool pump" means a pump used to |
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circulate and filter residential swimming pool water to maintain |
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the water's clarity and sanitation. |
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(14) "Single-voltage external AC to DC power supply" |
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means a device that: |
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(A) is designed to convert line voltage |
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alternating current input into lower voltage direct current output; |
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(B) is able to convert to only one direct current |
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output voltage at a time; |
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(C) is intended to be used with a separate |
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end-use product that constitutes the primary power load; |
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(D) is contained in a physical enclosure separate |
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from the end-use product; |
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(E) is designed to be connected to the end-use |
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product by a removable or hard-wired electrical connection, cable, |
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cord, or other wiring; |
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(F) has a nameplate output power less than or |
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equal to 250 watts; |
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(G) does not have a fixed or removable battery or |
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battery pack that physically attaches directly to the power supply |
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converter unit; and |
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(H) does not have: |
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(i) a battery chemistry or type selector |
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switch and indicator light; or |
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(ii) a battery chemistry or type selector |
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switch and a state of charge meter. |
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(15) "State-regulated incandescent reflector lamp" |
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means a lamp that: |
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(A) is not colored or designed for rough or |
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vibration service applications; |
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(B) has an inner reflective coating on the outer |
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bulb to direct the light; |
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(C) has a standard E26 (Edison 26 millimeter) |
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medium screw base; |
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(D) has a rated voltage or voltage range at least |
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partially within the range of 115 to 130 volts; and |
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(E) is one of the following types: |
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(i) a blown parabolic aluminized reflector |
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(BPAR) lamp, bulged reflector (BR) lamp, elliptical reflector (ER) |
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lamp, or a lamp with a similar bulb shape with a diameter equal to or |
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greater than 2.25 inches; or |
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(ii) a reflector (R) lamp, a parabolic |
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aluminized reflector (PAR) lamp, or a lamp with a similar bulb shape |
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with a diameter of 2.25 to 2.75 inches. |
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(16) "Walk-in freezer" means a refrigerated space a |
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person can walk into that: |
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(A) has a total frozen storage area of less than |
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3,000 square feet; |
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(B) operates at a temperature at or below 32 |
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degrees Fahrenheit; and |
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(C) is connected to a self-contained or remote |
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condensing unit. |
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(17) "Walk-in refrigerator" means a refrigerated |
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space a person can walk into that: |
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(A) has a total chilled storage area of less than |
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3,000 square feet; |
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(B) operates at a chilled temperature above 32 |
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degrees Fahrenheit; and |
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(C) is connected to a self-contained or remote |
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condensing unit. |
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(18) "Water dispenser" means a factory-made assembly |
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that mechanically cools and heats potable water and that dispenses |
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the cooled or heated water by integral or remote means. |
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Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This chapter |
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applies to the following new products sold, offered for sale, or |
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installed in this state: |
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(1) bottle-type water dispensers; |
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(2) commercial hot food holding cabinets; |
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(3) compact audio products; |
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(4) DVD players and recorders; |
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(5) metal halide lamp fixtures; |
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(6) portable electric spas; |
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(7) residential pool pumps; |
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(8) single-voltage external AC to DC power supplies; |
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(9) state-regulated incandescent reflector lamps; |
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(10) walk-in refrigerators and freezers; and |
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(11) any other products that are designated by the |
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comptroller in accordance with Section 392.102. |
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(b) This chapter does not apply to: |
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(1) a new product manufactured in this state and sold |
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outside the state; |
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(2) a new product manufactured outside this state and |
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sold at wholesale inside the state for final retail sale and |
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installation outside the state; |
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(3) a product installed in a mobile manufactured home |
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at the time of the home's construction; |
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(4) a product designed expressly for installation and |
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use in a recreational vehicle; |
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(5) a commercial heated glass merchandizing cabinet, |
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drawer warmer, or cook-and-hold appliance for hot food; |
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(6) a compact audio product that: |
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(A) can be independently powered by internal |
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batteries; |
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(B) has a powered external satellite antenna; or |
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(C) can provide a video output signal; |
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(7) a DVD recorder that has an electronic programming |
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guide function that provides an interactive, onscreen menu of |
|
television listings and downloads program information from the |
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vertical blanking interval of a regular television signal; |
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(8) a refrigerated warehouse; |
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(9) a chilled-space product designed and marketed |
|
exclusively for medical, scientific, or research purposes; |
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(10) a single-voltage external AC to DC power supply |
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that requires United States Food and Drug Administration listing |
|
and approval as a medical device; or |
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(11) an incandescent reflector lamp that is rated at: |
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(A) 50 watts or less with a diameter of 30/8 or |
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40/8 inches and is one of the following types: BR30, ER30, BR40, and |
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ER40; |
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(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 |
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(C) 45 watts or less with a diameter of 20/8 |
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inches (R20 lamps). |
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[Sections 392.003-392.050 reserved for expansion] |
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SUBCHAPTER B. EFFICIENCY STANDARDS |
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Sec. 392.051. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN |
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APPLIANCES. Not later than September 1, 2008, the comptroller, in |
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consultation with the state energy conservation office, shall adopt |
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rules establishing minimum efficiency standards for each type of |
|
new product described by Section 392.002(a). |
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Sec. 392.052. NEW OR INCREASED EFFICIENCY STANDARDS. (a) |
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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. |
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Sec. 392.053. EFFECTIVE DATE OF STANDARDS. A standard |
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established under this subchapter takes effect on the first |
|
anniversary of the date the rule establishing the standard is |
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adopted. |
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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 |
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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. |
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Sec. 392.056. COMPACT AUDIO PRODUCTS. A compact audio |
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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 |
|
|
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0 to < 1 watt |
0.49 * Nameplate Output |
|
|
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=1 watt and =49 watts |
0.09*Ln(Nameplate Output Power) + 0.49 |
|
|
|
|
|
|
|
|
|
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Consumption in No-Load Mode |
|
|
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0 to < 10 watts |
0.5 watts |
|
|
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= 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. 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 9. Subchapter H, Chapter 151, Tax Code, is amended |
|
by adding Section 151.333 to read as follows: |
|
Sec. 151.333. ENERGY EFFICIENT PRODUCTS. (a) In this |
|
section, "energy efficient product" means a product that has been |
|
designated as an Energy Star qualified product under the Energy |
|
Star program jointly operated by the United States Environmental |
|
Protection Agency and the United States Department of Energy. |
|
(b) This section applies only to the following energy |
|
efficient products: |
|
(1) an air conditioner the sales price of which does |
|
not exceed $6,000; |
|
(2) a clothes washer; |
|
(3) a ceiling fan; |
|
(4) a dehumidifier; |
|
(5) a dishwasher; |
|
(6) an incandescent or fluorescent lightbulb; |
|
(7) a programmable thermostat; and |
|
(8) a refrigerator the sales price of which does not |
|
exceed $2,000. |
|
(c) The sale of an energy efficient product to which this |
|
section applies is exempted from the taxes imposed by this chapter |
|
if: |
|
(1) the product is purchased for noncommercial home or |
|
personal use; and |
|
(2) the sale takes place during: |
|
(A) the period described by Section |
|
151.326(a)(2) for the sale of certain clothing and footwear; |
|
(B) a period beginning at 12:01 a.m. on the |
|
Saturday preceding the last Monday in May (Memorial Day) and ending |
|
at 11:59 p.m. on the last Monday in May; or |
|
(C) a period around July 4, as follows: |
|
(i) if July 4 occurs on a Saturday, a period |
|
beginning at 12:01 a.m. on the previous Friday and ending at 11:59 |
|
p.m. on the following Sunday; |
|
(ii) if July 4 occurs on a Sunday, a period |
|
beginning at 12:01 a.m. on the previous Saturday and ending at 11:59 |
|
p.m. on the following Monday; |
|
(iii) if July 4 occurs on a Monday or |
|
Tuesday, a period beginning at 12:01 a.m. on the previous Saturday |
|
and ending at 11:59 p.m. on July 4; or |
|
(iv) if July 4 occurs on a Wednesday, |
|
Thursday, or Friday, a period beginning at 12:01 a.m. on July 4 and |
|
ending at 11:59 p.m. on the following Sunday. |
|
(d) A retailer is not required to obtain an exemption |
|
certificate stating that an energy efficient product to which this |
|
section applies is purchased for noncommercial home or personal use |
|
unless more than two items of the product are purchased at the same |
|
time. |
|
SECTION 10. Section 31.004, Utilities Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The commission shall provide information to school |
|
districts regarding how a school district may finance the |
|
installation of solar electric generation panels for school |
|
district buildings. |
|
SECTION 11. Section 39.002, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 39.002. APPLICABILITY. This chapter, other than |
|
Sections 39.155, 39.157(e), 39.203, 39.903, [and] 39.904, and |
|
39.9054, does not apply to a municipally owned utility or an |
|
electric cooperative. Sections 39.157(e), 39.203, and 39.904, |
|
however, apply only to a municipally owned utility or an electric |
|
cooperative that is offering customer choice. If there is a |
|
conflict between the specific provisions of this chapter and any |
|
other provisions of this title, except for Chapters 40 and 41, the |
|
provisions of this chapter control. |
|
SECTION 12. Section 39.905, Utilities Code, is amended by |
|
amending Subsections (a), (b), (d), and (e) and adding Subsections |
|
(a-1), (a-2), (a-3), (c-1), (g), (h), and (i) to read as follows: |
|
(a) It is the goal of the legislature that: |
|
(1) electric utilities will administer energy savings |
|
incentive programs in a market-neutral, nondiscriminatory manner |
|
but will not offer underlying competitive services; |
|
(2) all customers, in all customer classes, have a |
|
choice of, year-round [and] access to, and assistance in choosing |
|
energy efficiency alternatives, incentive programs, and other |
|
choices from the market that allow each customer to reduce energy |
|
consumption, peak demand, or energy costs; [and] |
|
(3) each electric utility will provide, through |
|
market-based standard offer programs or limited, targeted, |
|
market-transformation programs, incentives sufficient for retail |
|
electric providers and competitive energy service providers to |
|
acquire additional cost-effective energy efficiency equivalent to |
|
at least 10 percent of the electric utility's annual growth in |
|
demand from residential and small commercial customers; |
|
(4) the commission ensures the development of |
|
cost-effective and market-based load response programs; |
|
(5) each electric utility will promote demand response |
|
programs to all customer classes; and |
|
(6) each transmission and distribution utility will |
|
meet at least 40 percent of the annual growth in demand through a |
|
combination of energy efficiency measures and load management by |
|
December 31, 2013. |
|
(a-1) The commission shall: |
|
(1) ensure timely and reasonable cost recovery for |
|
utility expenditures made to acquire cost-effective energy |
|
efficiency to meet the goal provided by Subsection (a), provided |
|
that the amount a utility recovers in a period may not be greater |
|
than an amount equal to 100 percent above the utility's efficiency |
|
program expenditures for the previous period; |
|
(2) establish a performance incentive for utilities |
|
that make an additional three percent incremental expenditure to |
|
acquire energy efficiency above the goal provided by Subsection |
|
(a)(3); and |
|
(3) identify in the report provided under Section |
|
31.003 any potential barriers to acquiring additional increases in |
|
energy efficiency and any statutory changes necessary to eliminate |
|
those barriers. |
|
(a-2) The commission shall reward a transmission and |
|
distribution utility that exceeds the goal provided by Subsection |
|
(a)(6) and shall penalize a transmission and distribution utility |
|
that fails to achieve the goal. The commission may not penalize a |
|
transmission and distribution utility that fails to achieve the |
|
goal if the reason for not achieving the goal is outside of the |
|
utility's control. |
|
(a-3) The commission shall review the potential for energy |
|
and demand savings each biennium, establish interim goals, and |
|
adjust standard offer and incentive programs to ensure that |
|
progress is made toward achieving the goal provided by Subsection |
|
(a)(6) and that the programs are achieving the maximum |
|
cost-effective energy efficiency equivalent that can be obtained |
|
below avoided costs and within the program guidelines established |
|
by the commission. This subsection expires January 1, 2014. |
|
(b) The commission shall provide oversight and adopt rules |
|
and procedures, as necessary, to ensure that the utilities can |
|
achieve the goal of this section. The commission shall ensure that |
|
costs associated with programs provided under this section are |
|
borne by the customers who receive services under the programs. |
|
(c-1) The commission, as necessary to allow an electric |
|
utility to achieve the goals provided by this section, may allow the |
|
utility to vary the structure and delivery of standard offer |
|
programs offered in the utility's service area markets based on the |
|
characteristics of each market to compensate for the differences |
|
between urban and rural service area markets. The commission may |
|
allow special programs to be developed to serve rural areas. |
|
(d) The commission shall adopt the following |
|
market-transformation program options that the utilities may |
|
choose to implement in order to satisfy the goal in Subsection |
|
(a)(3): |
|
(1) energy-smart schools; |
|
(2) appliance retirement and recycling; |
|
(3) air conditioning system tune-ups; [and] |
|
(4) the use of trees or other landscaping for energy |
|
efficiency; |
|
(5) providing energy monitoring equipment to |
|
customers to allow the customers a better understanding of the |
|
amount and time of energy use; |
|
(6) customer energy management and demand response |
|
controls; |
|
(7) rental or lease property retrofit programs; and |
|
(8) high performance buildings. |
|
(e) An electric utility may use money approved by the |
|
commission for energy efficiency programs to perform necessary |
|
research and development to foster continuous improvement and |
|
innovation in the application of energy efficiency technology and |
|
energy efficiency program design and implementation. Money the |
|
utility uses under this subsection may not exceed 10 percent of the |
|
amount the commission approved for energy efficiency programs in |
|
the utility's most recent full rate proceeding. |
|
(g) The commission and the comptroller jointly by rule shall |
|
develop a program through which customers may receive a refund of |
|
not more than three percent of the taxes the customer paid for |
|
electric services taxable under Chapter 151, Tax Code. To be |
|
eligible for the program, a customer may not participate in a |
|
program under Subsection (a)(3) and must engage in energy |
|
efficiency measures that reduce electric energy consumption, |
|
increase the efficiency of electric energy production, or reduce |
|
peak demand. Rules adopted under this section must provide for a |
|
tax refund for energy efficiency measures described by this |
|
subsection that were taken on or after January 1, 2005. |
|
(h) Not later than October 1, 2007, the commission shall |
|
implement an emergency energy efficiency and load management |
|
program to ensure that adequate reserve margins are maintained |
|
through December 31, 2011. The programs implemented under this |
|
subsection shall target: |
|
(1) high use areas; |
|
(2) high growth areas; and |
|
(3) customers that use the largest amount of |
|
electricity. |
|
(i) Each biennium, the commission shall: |
|
(1) review the expenditures for efficiency and load |
|
management programs for transmission and distribution utilities; |
|
and |
|
(2) adjust rates to ensure that expenditures for |
|
efficiency are recovered in a timely process. |
|
SECTION 13. Subchapter Z, Chapter 39, Utilities Code, is |
|
amended by adding Sections 39.9051, 39.9052, 39.9053, and 39.9054 |
|
to read as follows: |
|
Sec. 39.9051. ENERGY EFFICIENCY FOR MUNICIPALLY OWNED |
|
UTILITIES. (a) In this section, "municipally owned utility" has the |
|
meaning assigned by Section 11.003. |
|
(b) It is the goal of the legislature that: |
|
(1) municipally owned utilities will administer |
|
energy savings incentive programs; |
|
(2) all customers, in all customer classes, have a |
|
choice of and access to energy efficiency alternatives that allow |
|
each customer to reduce energy consumption, peak demand, or energy |
|
costs; and |
|
(3) each municipally owned utility will provide |
|
incentives sufficient for municipally owned utilities to acquire |
|
additional cost-effective energy efficiency. |
|
(c) The governing body of a municipally owned utility shall |
|
provide oversight and adopt rules and procedures, as necessary, to |
|
ensure that the utility can achieve the goal of this section. |
|
(d) After a municipally owned utility adopts customer |
|
choice by decision of the governing body pursuant to Chapter 40, the |
|
commission shall provide oversight and adopt rules and procedures, |
|
as necessary, to ensure that the municipally owned utility can |
|
achieve the goal in this section in a market-neutral, |
|
nondiscriminatory manner. The commission shall, to the greatest |
|
extent possible, include existing energy efficiency programs |
|
already adopted by the municipally owned utility. |
|
Sec. 39.9052. ENERGY EFFICIENCY FOR ELECTRIC COOPERATIVES. |
|
Each electric cooperative shall administer energy efficiency |
|
programs providing all customer classes with access to energy |
|
efficiency alternatives. Energy efficiency programs shall be |
|
approved by the governing body of the electric cooperative. |
|
Sec. 39.9053. GOAL FOR COMBINED HEATING AND POWER. (a) It |
|
is the goal for the state that by January 1, 2023, 3,750 megawatts |
|
of generation capacity from combined heating and power technology |
|
be installed in the state. |
|
(b) The commission shall establish biannual goals for |
|
increasing the number of megawatts of energy produced by combined |
|
heating and power technology to meet the goal provided by |
|
Subsection (a). |
|
(c) The commission by rule shall establish a program to |
|
encourage electric utilities to comply with this section. |
|
(d) The commission by rule shall establish fair |
|
interconnection standards, standby charges, insurance |
|
requirements, capacity factors, and buyback rates for excess energy |
|
produced. |
|
(e) The commission, with the assistance of ERCOT, shall |
|
establish procedures that allow excess energy produced by combined |
|
heat and power technology to be aggregated and sold in the wholesale |
|
market. |
|
Sec. 39.9054. CREDIT FOR SURPLUS SOLAR GENERATION BY PUBLIC |
|
SCHOOLS. (a) An electric utility, retail electric provider, |
|
municipally owned utility, or electric cooperative shall provide |
|
for net metering and contract with an independent school district |
|
so that: |
|
(1) surplus electricity produced by a school |
|
building's solar electric generation panels is made available for |
|
sale to the electric transmission grid and distribution system; and |
|
(2) the net value of that surplus electricity is |
|
credited to the district. |
|
(b) The commission by rule shall require that credits for |
|
electricity produced by a school building's solar electric |
|
generation panels reflect the value of the electricity at the time |
|
of day that it is made available for sale to the electric |
|
transmission grid and distribution system. |
|
SECTION 14. Section 11.171, Education Code, as added by |
|
this Act, does not apply to the construction or design of a school |
|
building the planning process for which began before the effective |
|
date of this Act. |
|
SECTION 15. (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 16. Section 151.333, Tax Code, as added by this Act, |
|
does not affect taxes imposed before the effective date of this Act, |
|
and the law in effect before the effective date of this Act is |
|
continued in effect for purposes of the liability for and |
|
collection of those taxes. |
|
SECTION 17. This Act takes effect September 1, 2007. |